Let’s talk about inappropriate communication in the workplace

The speed with which the BBC dealt with one of its star male presenters for sending ‘inappropriate messages’ to two female colleagues is certainly worth a closer look.

Jermaine Jenas former presenter of the One Show and Match of Day was sacked by the broadcaster after the matter was brought to its attention a few weeks earlier

The married father-of-four later apologised for his actions, insisted he did not do anything illegal and that he was ‘not a sex pest’ [1] cited 28.8.24

Reports claim  the BBC conducted an investigation before confronting Jenas with the evidence and then firing him during a video call while on a family holiday, just five days after he was told of the allegations against him.

The speed with which the BBC dealt with the case raised a few eyebrows and sparked much debate when compared to its handling of the Huw Edwards case.

The former newsreader was suspended on full pay in July 2023 following allegations that he had paid a teenager for sexually explicit photos. He resigned in April this year. [2] cited 28.8.24

It later emerged Edwards was arrested in November 2023 in connection with an investigation into indecent images of children, and that his employer was aware of his arrest and reason for it [3] cited 28.8.24

Edwards later pleaded guilty to three counts of making indecent images of children.

The BBC’s quick action to fire Jenas prompted people online to question why the same employer took so long to deal with Edwards.

One message on X (formerly Twitter), which went viral read: ‘Interesting that the BBC sack Jermaine Jenas for inappropriate behaviour but Huw Edwards was suspended on full pay for being… well you know. What does that tell you about the BBC? [sick face emoji].’ [4] cited 28.8.24

Any employer could find itself in a position of having to deal with inappropriate messages between colleagues.

The popularity and use of various messaging platforms does mean it is highly likely that at some stage an employer will be faced with having to address such a concern.

It can be a very difficult situation to manage for many reasons: reputational risk to the employer; the need to conduct a fair investigation and be consistent; the impact on other employees; and maintaining confidentiality and sensitivity to protect the privacy of all parties involved. It can be a complex and delicate process, which requires careful handling.

An employer does have a duty to address any allegation of inappropriate communication between colleagues, and it should do so without unreasonable delay.

So, let us take a look at how employers should deal with the matter and measures that can be put in place to stop such issues arising in the first place.

What is inappropriate communication between colleagues?

It is typically behaviour and actions, which are unprofessional, can create problems in the workplace or cause harm e.g. any type of harassment, bullying, tasteless comments or jokes, excessive or unwanted communication etc.

In summary, actions and conduct that can create an uncomfortable, hostile or degrading working environment for someone, or conduct which breaches any workplace policies.

Such behaviour is not just harmful to employees, but it can also be damaging to the workplace.

In many cases, it can justifiably lead to disciplinary action, up to and including dismissal, and there could also be legal repercussions if it amounts to any type of unlawful discrimination.

Last year an employment tribunal found His Majesty’s Passport Office was right to dismiss an employee who sent ‘stalkery’ messages to younger female colleagues [5] cited 28.8.24

A tribunal panel heard that the man, identified only as ‘C’ in its judgment, breached his employer’s  conduct policies in the way he engaged with two female colleagues, one of whom he had never met.

How to respond to any reported concern about inappropriate communication

Take any complaint seriously and act quickly and effectively. Failing to do so can create a toxic work environment and lead to later serious or legal problems.

Investigate the matter straightaway and be thorough and fair. Avoid knee-jerk reactions and do not jump to conclusions.

The investigation should be approached with an open-mind and look for evidence to support any allegation, as well any against it.

Establish the facts as far as is possible by speaking to all employees involved and any witnesses, who can provide important evidence.

The investigation should be impartial and kept confidential.

ACAS provide comprehensive step-by-step guide that can help any employer to conduct a fair investigation into any allegation of inappropriate communication [6] cited 28.8.24

Consider the seriousness of the concern

Reasonably assess if the nature of any message is a breach of company policy or if it may even amount to a crime. It is always sensible to seek expert or legal advice on the matter.

For example, messages that could be considered a crime would be any threat of violence or repeated and unwelcome messages that cause the person who receives them to feel harassed.

Respond appropriately to any investigation findings

If an investigation establishes communication between colleagues is inappropriate and it amounts to misconduct of gross misconduct, take disciplinary action.

Any disciplinary hearing should be fair and reasonable and the outcome proportionate and appropriate.

Provide support

Any employee making an allegation along with the alleged wrongdoer should be given meaningful support, as it can be an extremely stressful and difficult situation for all involved.

Moving forward

The way in which employees communicate can change and vary over time, so it is always worth reviewing any relevant policy following a case. It can help to determine if a policy may need to be updated to ensure it is effective.

Preventing inappropriate communication

As we know prevention is always better than cure, which is why creating a working environment in which professionalism and respect are standard is essential. Five steps to do so can include:

1. Policies are key as they provide clear and written guidelines for how to manage a wide range of work-related issues.

Such policies should cover communication and detail what is appropriate and inappropriate communication, both inside and outside of work.

How any breach of the policy will be dealt with should also be specified, so employees know exactly what to expect.

As with all policies, any such policy should be communicated to all staff.

2. Knowledge and awareness are vital. It can help to arrange training sessions, which include making sure employees are informed about workplace communication, its impact on others and the consequences and risks of inappropriate communication.

3. The culture in any workplace can set the tone for interactions between colleagues based on attitudes, beliefs and behaviours. It is important, therefore, that employers ensure the culture within the working environment is inclusive, respectful and one that values diversity.

4. It can be difficult for any employee, regardless of role or gender, to report that they have received inappropriate communication from a colleague. Employees should be aware they can report issues confidentially and will be supported if they do so. It is why encouraging open communication and having an open-door policy is important.

5. Vigilance can help to spot inappropriate communication. Data protection laws and a right to privacy should be respected, but monitoring communication in work e.g. emails, instant messaging, social media, can help to detect any unsuitable behaviour.

Finally

Inappropriate communication between colleagues can create serious problems for the individuals involved and an employer.

But having appropriate policies in place, training staff and making them fully aware of expectations, taking complaints seriously, addressing them promptly, investigating in a thorough and fair manner and taking appropriate action, can be effective prevention measures.