Reports suggest that inappropriate sexual comments were allegedly made over a prolonged period of time, and that these comments affected female colleagues, even those who were not directly targeted.
This case highlights the sensitive challenges employers face in managing workplace dynamics, particularly when senior figures are involved. It also underscores the importance of fostering respect, professionalism, and proactive measures to address inappropriate behaviour.
The grey areas
Navigating the fine line between workplace humour and professional boundaries is one of the most challenging issues employers face. Humour can foster team cohesion, reduce stress, and encourage collaboration, but it can also cross boundaries, causing discomfort or alienation, particularly when it veers into inappropriate territory.
Employers must recognise that humour is inherently subjective. What one person finds funny, another might perceive as offensive or unprofessional.
Read more: Rules on preventing sexual harassment are changing
In light of new sexual harassment legal obligations for employers under The Worker Protection (Amendment of Equality Act 2010) Act, providing detailed, top-down training is more crucial than ever. Employers must protect themselves from sex discrimination grievances and tribunal claims, particularly given there is no cap on compensation in these cases.
Clear, zero-tolerance policies for sexual harassment must be implemented, alongside transparent reporting mechanisms. Policies should explicitly state that conduct of this nature warrants disciplinary action and potential dismissal.
Employers must demonstrate proactivity, vigilance, and a commitment to taking action when issues arise. The alleged conduct in the Gregg Wallace case reportedly went unreported, suggesting that the affected employees did not know where to turn. This underscores the critical need for accessible, well-communicated reporting channels that employees trust.
Policies and training
The new enhanced duty on employers to prevent sexual harassment requires updated policies and procedures as a starting point. A clear, top-down training plan is essential, to ensure that all employees understand what constitutes harassment, and how to avoid it.
The policy should highlight the implications of getting it wrong. It is now going to be far easier for employers to be found guilty of allowing sexual harassment if they can’t evidence updated policies, training and signposting to allow allegations around sexual harassment to be reported and addressed. It is important to note that inappropriate conduct does not need to be aimed at the employee who is ultimately offended by the conduct; a third party can raise concerns of sexual harassment.
Under the new legislation, a contractor on site engaging in sexual conduct can also lead to employers paying the consequences if it offends an employee, so policies and procedures around sexual harassment are also very relevant to workplace visitors. Any allegations must be addressed through a grievance process, and any employee of any level found to have engaged in inappropriate conduct of this nature needs to be disciplined and potentially dismissed, with a fair process.
Creating a culture of respect and inclusivity
The Gregg Wallace case serves as a reminder of the serious consequences that can arise when workplace conduct issues go unchecked. Employers must take a proactive approach to fostering a respectful and inclusive environment, ensuring that all employees feel safe and supported.
Read more: Calling women ‘birds’ and boasting about sex is sexual harassment, tribunal rules
By addressing grey areas such as workplace humour and professional boundaries, businesses can strike a balance between encouraging collaboration and maintaining trust. Clear policies, effective training, and strong leadership are key to navigating these challenges and protecting both employees and the organisation’s reputation.
Employers who prioritise these measures not only reduce the risk of grievances and legal claims but also invest in a stronger, more cohesive workplace culture.
Helen Watson is head of employment law at law firm Aaron and Partners
