Staff sue firms for `excessive courtesy'

MORE AND MORE female employees are suing for sexual harassment over incidents the defendants claim are merely examples of old fashioned courtesy. Disputes of this nature have doubled in the past three years, with nearly 20 such cases a week, according to a leading firm of employment lawyers. Companies often prefer to settle the matter privately to avoid publicity.

"It's the death of common courtesy," said Christopher Southam, a senior partner in the law firm Osborne Clarke. "Some people are misconstruing the most innocent of words and actions. Others are on their guard and are deliberately not using common courtesy in case they are misinterpreted."

In one case a 22-year-old female administrator, working in the transport industry in London, sued her company because a colleague kept sending her cards and flowers, saying she was doing a good job. She complained: "It was a daily pressure, I did not want to go into work."

When she made an allegation of sexual harassment the company, which did not have a proper sexual complaints procedure, chose to settle the case for pounds 1,000 rather than contest it.

"Employers need to introduce appropriate policies to increase awareness of what sexual harassment is," said Mr Southam. "This will reduce the potential for crass, over-the-top activity as well as providing employers with a defence."

In a case last year, a 25-year-old accountant based in London complained to her personnel department about her "terribly nice boss". He kept giving her chocolates and thanking her for doing a good job. The woman found his actions reprehensible because he did not treat other trainees in the same way and he made her feel uncomfortable. She said: "He was thanking me all the time for doing a job I was being paid to do."

Her boss, a 45-year-old accountant who had worked for the firm for more than 25 years, was "mortified" when he was told of the complaint by personnel and stopped sending her chocolates. He claimed he was "just trying to be nice" and had no idea his actions had been misconstrued.

Even e-mails are not exempt from this legal minefield since employers can be held liable for those sent by their staff.

"I am saddened by such attitudes. Everyone can benefit from a little more courtesy," said Gill Mackenzie, honorary secretary of the Campaign for Courtesy. "This country loses billions of pounds on stress- related illness. One would have thought a little more courtesy would help." In Ms Mackenzie's view, provided there is no favouritism or sexual overtures, courtesy at work should be encouraged, as happy employees are more efficient employees.

Even senior figures complain about the offensiveness of courtesy. A 29- year-old female banker in the City kept finding flowers and bags of sweets on her desk from a 23-year-old male banker she was training. They were accompanied by cards, thanking her and telling her she was wonderful. The woman sued the company for sexual harassment and settled for a confidential sum.

The Equal Opportunities Commission disputes that attempts to be courteous often result in harassment complaints. It also believes few cases of sexual harassment are brought lightly or motivated by the possibility of financial reward.

"They are the last resort," said Jane Monkhouse, a commission specialist on sexual harassment. "Sexual harassment at work can be both unpleasant and damaging. It can be persistent verbal harassment, physical attack or just one event. Most large firms do have proper policies in place but many small companies do not see the need and this is when trouble and confusion can occur."