Sexual Harassments: Guide to avoiding issues at work

In the healthcare profession, trust is everything. Patients come to us in their most vulnerable state, and colleagues work together under immense pressure. This environment demands the highest standards of professionalism. A momentary lapse in judgment or a misunderstanding of professional boundaries can have devastating consequences for your career and reputation.

This guide is not about love or romance; it is a straightforward look at professional conduct. It covers the clear lines that must not be crossed, defines workplace sexual harassment, and provides essential advice on what to do if you face an allegation.

The Uncrossable Line: Patient-Professional Boundaries

The rule here is absolute and inflexible: you must never engage in a personal or romantic relationship with a patient under your care.

Attempting to do so is a severe breach of professional ethics and trust. This includes:

• Asking for a patient’s number for personal reasons: Requesting a patient’s contact details for anything other than their direct clinical care is forbidden.
• Looking through patient records for non-clinical purposes: Accessing a patient’s file to find out their address, phone number, or personal details is a serious violation of privacy laws (like GDPR) and data protection principles. It is grounds for immediate dismissal and can lead to legal action.
• Giving out your own personal number: This blurs the professional line and can be seen as an invitation for an inappropriate relationship.
• Any form of romantic or sexual advance: The power imbalance between a healthcare provider and a patient means the patient cannot give free and meaningful consent. Under the Sexual Offences Act 2003 (recommended read for everyone), it is a criminal offence for a care worker to engage in sexual activity with a person with a mental disorder. The principle of trust applies universally.

Violating these boundaries can result in being struck off your professional register (e.g., by the NMC for nurses), losing your job, and facing potential criminal charges.

Workplace Sexual Harassment: It’s About Unwanted Conduct

While patient relationships are off-limits, you will build close working relationships with colleagues. It is here that you must be vigilant about professional conduct to avoid sexual harassment allegations.

Under UK law (The Equality Act 2010), sexual harassment is any unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment.

The key word is “unwanted.” It doesn’t matter if you intended it as a joke or a compliment. If the behaviour is unwelcome to the other person, it can be classed as harassment.

Things to avoid that can lead to harassment allegations:

• Unsolicited comments on appearance: Avoid commenting on a colleague’s body or the way their uniform fits. A simple “you look smart today” is very different from a comment with sexual undertones (comments like ‘you look sexy in this uniform can be deemed offensive).
• Inappropriate jokes: Telling jokes or engaging in “banter” of a sexual nature is highly unprofessional. The break room is still part of the workplace.
• Unnecessary physical contact: The clinical environment often requires physical contact. However, outside of necessary, professional interactions, avoid unsolicited contact like touching a colleague’s back, shoulder, or arm.
• Persistent invitations: Asking a colleague out for a drink once is a social invitation. Repeatedly asking after they have declined is harassment. “No” means no.
• Using unprofessional language: Calling colleagues “babe,” “darling,” or other pet names can be perceived as demeaning or overly familiar.

How to Respond if You Face an Allegation

Being accused of harassment is serious and stressful. Your response is critical.

1. Stay Calm and Do Not Retaliate: Your immediate reaction might be shock or anger. It is essential to remain calm. Do not approach the person who made the complaint, gossip with colleagues, or post about it on social media. This will only escalate the situation.
2. Contact Your Union Immediately: This is the most important action you can take. Before you attend any meetings or provide any statements, contact your professional union (e.g., RCN, UNISON). They have legal advisors and representatives who are experts in these processes and will guide and support you.
3. Listen and Understand: When a manager or HR informs you of the allegation, listen carefully to the details. You are entitled to know what the complaint is about.
4. Seek Legal Advice for Criminal Allegations: If the allegation is criminal in nature (such as assault) and may involve the police, you must get advice from a solicitor. Your union can direct you to one. Do not speak to the police without legal representation.
5. Document Everything: Write down your own factual, detailed account of the interaction(s) in question. Note any dates, times, locations, what was said or done, and who else was present. This record is for you and your representative.
6. Cooperate with the Investigation: Your employer is legally required to investigate. Engage with this formal process professionally, with the guidance of your union representative. Remember that suspension pending an investigation is often a neutral step and not a sign of guilt.

In conclusion, maintaining strict professional boundaries is not simply about following rules. It is the foundation of patient safety, trust, and ethical practice. By understanding these clear lines and conducting yourself with the utmost professionalism, you protect your patients, your colleagues, and the career you have worked so hard to build.