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Defining, identifying and addressing inappropriate workplace behaviour is increasingly a business-critical issue. Although local differences apply, many jurisdictions have similar legal requirements for protection of employees. This article explores the current legal framework, as well as the risks and litigation landscape, in the United Kingdom, Spain, the Netherlands, South Africa and the United Arab Emirates.
Inappropriate behaviour in the workplace is not new, but historically it was often ignored or accepted. Many employees were afraid to speak up, and often those who did felt they were hushed up or not taken seriously. More recent enlightened times have brought increased recognition and education about what conduct amounts to bullying and/or harassment and the circumstances in which it might occur. #MeToo has further shone a spotlight on the issue and brought it to the world’s attention. This has helped bring more clarity to identifying unacceptable behaviour, increased confidence in challenging it, and higher expectations of employers to address it. But with the world having emerged from covid, and with a new generation of employees in the workforce, there is a renewed focus on what is acceptable.
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