What is The Answer?
Depends upon the context in which it was sent as in a recent tribunal case, a female worker brought a claim for sexual harassment against her male boss who in his emails over work related matters would end with "xx", "yy", and "????", employee felt “xx” were kisses and “yy” / “???” coded sexual innuendos .The employment tribunal dismissed her claim has it was “ a skewed perception of everyday events” and was trying to find a “sinister motive” where it didn’t exist.
What is The Risk/Threat?
Under section 124 (2) of the Equality Act 2010, where sexual harassment claim succeeds, amongst other things, the claimant is entitled to financial compensation extending to injury to feelings.
What do you need to do?
Despite the above decision, employers / managers must be mindful that any written communications to their staff should be carried out in a professional manner linking to workplace matters so as to avoid any misunderstanding by the member of staff and thus to look at considering HR training on effective communications.
If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team at 0116 274 9193.
