Situation:

How would you handle the following situation?

An employee brings to your attention (you are her line manager) that she has received an explicit sexual message on WhatsApp from a male colleague.

The Manager views the message and can see that it was sent over the weekend, late into Saturday night.

This incident violates anti-bullying and harassment policies. Sexual misconduct includes any unwanted behaviour of a sexual nature, including messages on digital platforms.

Legal Responsibilities

The Safety, Health and Welfare at Work Act 2005 requires employers to prevent improper conduct that risks employees’ safety and well-being. The 2020 Code of Practice by the HSA and WRC states that cyberbullying is covered under this Act. The IHREC’s 2022 Code also addresses sexual harassment via digital communications.

Employers must take reasonable steps to prevent and address harassment, including actions by co-workers, clients, or other contacts.

Policies and Communications

Employers should have clear policies on respect and dignity at work, communicated to all employees. Disciplinary actions must follow due process and fair procedures.

Taking Disciplinary Action

A fair investigation is essential. The line manager or HR should inform the sender and seek their response. Investigators must gather evidence to determine if the employee sent the message, considering all possibilities like hacking or unauthorised phone access.

The investigator’s report will detail the findings and conclusion. Based on this report, the employer decides whether to proceed with disciplinary action.

Other Actions

Support the affected employee through resources like Employee Assistance Programs (EAP) and regular check-ins, acknowledging the impact of sexual misconduct.