Lawyers 'regularly dealing' with Scottish sexual harassment cases

In the wake of the Harvey Weinstein scandal, we've been taking a closer look at the extent of sexual harassment in Scotland's workplaces

Published 20th Oct 2017
Last updated 20th Oct 2017

How many times have you heard sexual harassment in the workplace described as 'just a bit of banter'?

In the wake of the Harvey Weinstein scandal in the States, we've been taking a closer look at the extent of the problem closer to home.

Studies in recent years - including from the TUC and the Everyday Sexism project in 2016 - have shown the issue is seen commonly across the country, with nearly two-thirds of women experiencing some form of sexual harassment in their place of work.

Gemma* worked as a waitress at a cafe in Glasgow while studying at university. She says that inappropriate behaviour was "quite a normal part of the culture".

She said: "It was having a boss who didn't respect personal space, who didn't have boundaries. Standing intentionally too close behind you, beside you, or maybe putting his hand on your waist or hip in ways that would make you feel uncomfortable, and obviously wasn't invited.

"It was having a boss who would make sexual, inappropriate jokes - and bearing in mind most of the staff there were school age or early 20s."

She says it wasn't just limited to one individual member of staff either.

"Another manager there had inappropriate nicknames for members of staff. 'Sugartits' was a name he used for me, and I think he genuinely thought they were funny and endearing.

"But because these people were in positions of authority, it wasn't something you felt you could challenge the person on.

"Being young as well means that you didn't want to make a fuss or upset the apple cart, particularly when you were concerned that if you said something or complained, they'd probably just get rid of you."

Josephine Van Lierop, an employment solicitor for law firm Slater and Gordon, says they're dealing with incidents constantly.

She said: "Obviously the Harvey Weinstein scandal is shocking, but we see this all the time. We're regularly dealing with sexually harassment cases from clients across a whole range of industries.

"Often it's comments. Sometimes it's a male colleague making a pass at a female colleague, maybe a married male colleague, generally somebody who is in a more senior position of power.

"This goes right down to the other end of the scale being a sexual attack, or being physically touched or groped."

A Slater and Gordon survey in 2013 found 60% of women have been a victim of sexual harassment.

Josephine said: "Very commonly, it is a fact that the aggressor is in a senior position of power, often quite an authoritative position. The research shows that the women being harassed would typically be younger, starting out in their careers, and often with less than a year's service.

"Here in the UK, if you don't have more than two years consecutive service then you're not protected from being unfairly dismissed. You also can't resign yourself and claim constructive dismissal.

"But being in that position - young, starting out in your career, with limited service - puts you in a precarious situation if you're speaking out against someone who probably has a lot of gravitas in the organisation."

Christine's story is typical of many women who have worked in the hospitality sector.

She explained: "When I was 16, I was working New Year's Eve. It was really busy, and I remember crossing the dance floor with a crate full of glasses. Out of nowhere, a man in his late 50s grabbed me by the face and forcibly kissed me.

"I remember feeling really dirty. I was disgusted by it."

Valerie had a previous job working in a bar - and she says sometimes her colleagues were guilty of trying to sweep issues under the carpet.

She said: "There was a guy there one night, who must've been in his 50s. I remember collecting glasses and he kept grabbing me and pinching me. It actually left bruises on my sides and arms.

"I was telling him it wasn't on and that I'd chuck him out. I spoke to my manager - a female - and she told me it was just 'part of what happens' when you work in a pub.

"Then I spoke to the doorman about it - he's meant to be there to protect us after all - and he told me I was being drama queen, and that I ought to be 'thankful' and 'grateful' while it lasted.

"That incident hugely affected my confidence. I felt like I was nothing more than a piece of meat to some people."

Nicole worked briefly in a hotel, but was sexually harassed by a colleague.

"I had an experience where a member of staff who, when we all went to sit down at a meeting, he put his hand on the chair so when I sat down, I sat on his hand.

"Again, he probably perceived that as funny and harmless but it was quite upsetting.

"When you're young and new, it isn't something you want to report or bring to anyone's attention."

*The names of the women in this article have been changed to protect their identities.