I’m a pretty staid and sensible HR professional as things go. However, like most people, I have a secret: I love overdramatic, ‘am I unreasonable?’, social-media posts. You know, the ones that sound so outrageous they get republished all over the internet. Well, I think the ones about people’s experiences in the workplace are especially intriguing. Occasionally, they’re even useful to consider from a professional perspective (at least, that’s what I tell myself!). So, today, I’m going to write about one of these stories that’s all about workplace harassment – because if you ever wanted an off-the-wall case study on the subject, this is it!

I’ll start with a disclaimer: I know this story is based in the US which has very different employment law to the UK. I also know stories are often fabricated on the internet; it might not have happened at all. But it’s still an interesting tale, and one that’s useful for reminding ourselves how harassment claims in the workplace should be handled.

Here’s the link to the full story. It begins with the OP (‘original poster’ of the story) describing how she comes from a Japanese family where it’s apparently common for people to eat cooked potatoes with their fingers, hot-dog style, as a snack. She loves eating potatoes in this way and often takes them to work for lunch. Well, all was fine until a new female co-worker asked her to stop. Why? Because she was eating the potatoes “too suggestively”. The OP refused and continued to eat her potatoes as normal. But then the new co-worker submitted a formal complaint against the OP for sexual harassment and creating a hostile working environment, all based on potatoes…

So… where would this sit, hypothetically, within a UK employment law framework? Under the Equality Act 2010, harassment is when bullying or unwanted behaviour occurs in relation to a protected characteristic. For the behaviour to count as harassment, it must have either “violated the person’s dignity – whether it was intended to or not” or “created an intimidating, hostile, degrading, humiliating or offensive environment for the person – whether it was intended to or not”. If you want a reminder of the seven protected characteristics included within this definition, they are:

• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Sexual orientation

As the co-worker’s original complaint related to sexual harassment, it would meet this definition, meaning that it could (again, hypothetically within UK law) be the basis for a tribunal claim. The employer would have an obligation to investigate and take action as needed in line with their own Bullying and Harassment Policy.

Happily, in this case, the employer did take action. A member of the HR team interviewed both the OP and her complaining co-worker. It sounds as if they found the details of the complaint a little surprising, but they proceeded to investigate. Following a meeting between all parties, the HR professional declared the complaint to be concluded, and the co-worker was recommended to look away the next time the OP ate her potatoes. No formal action was to be taken against the OP. Phew! All finished, then?

Well, no… because, understandably, the OP was feeling unhappy about the whole situation. Shortly afterwards, she discovered that a further co-worker, nicknamed Surya, who came from an Indian background, had been previously intimidated by the complainer into not bringing curries from home into work. In the OP’s words, “We were both extremely annoyed, and honestly, I just felt extremely uncomfortable being in an office where she was constantly judging Asian people’s food.”

At this point, we should go back and recall the UK definition of harassment, as given above. Harassment is something that violates a person’s dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment. Race is a protected characteristic. Yes, another potential tribunal claim for the employer!

The OP submitted her own formal complaint of workplace harassment against the earlier complainer. The latter retaliated by saying that the OP “was discriminating against her for being Christian”. This led to further investigation, and an awkward confession by her boss that he hated the complainer too and had only hired her because she was his wife’s cousin. (Note to practice managers: this is not a recommended recruitment technique!) The story had a further twist as it emerged that there were potentially homophobic aspects to the complainer’s behaviour. Yes, that was the fourth protected characteristic to come up… From a diversity and inclusion perspective, this is all a bit of a nightmare for an employer.

Did anyone lose their job in the end? No. The original complainer was persuaded to work from home and the OP continued to eat potatoes in the office. However, it’s clear that some tensions remained between them. From a HR perspective, it feels like a bit of a sticking-plaster solution, and one that won’t necessarily protect the employer in the longer term, unless very clear feedback and retraining was conducted in the background.

This story reminds us of how allegations of harassment can arise in any workplace, and that their origins may often seem small and petty. No matter how irritating to the managers concerned, these matters must be taken seriously and investigated thoroughly. A good, professional investigation will consider the situation from all stakeholder perspectives, and all of the ‘twists’ in the narrative will be taken into account. The employer must then come to firm and fair conclusions. Formal action, where appropriate, shouldn’t be shied away from. Employees have the right to go about their work with dignity and to feel respected, and they must treat their colleagues in the same way.

For Practice Index PLUS users, you can access template policies for dealing with bullying and harassment. These are reviewed regularly to ensure they meet best practice expectations. You’ll also have access to the HR Help service which can support you with responding to tricky issues.

So, what did you think of this story in the end? Did the employer get it right? Is there anything you would have done differently? Post below with your thoughts!

Susi O’Brien

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