Employers are now under a new legal duty to take reasonable steps to prevent sexual harassment. But the SSSC also has a role in addressing this issue within the social service sector.
Our role and the Codes
The SSSC Code of Practice for Social Service Workers and the SSSC’s role as regulator, provide additional protection against inappropriate behaviour by those working in the sector. As a public body, the SSSC is under a legal duty to eliminate discrimination and harassment carried out due to sex, race and other protected characteristics.
Code 5.7 states: ‘As a worker I will cooperate and work inclusively and openly with colleagues and others and treat them with respect’. Code 6.1 states: ‘As a worker I will not abuse, harm, neglect or exploit individuals [using social services], carers or colleagues.’
A worker’s fitness to practise may be impaired where these Codes (or others) are breached by inappropriate behaviour towards a colleague. Our draft Decisions Guidance for Fitness to Practise Panels, which we recently consulted on, lists sexual harassment as a type of case where more serious action may be required.
So, when a worker has been affected by a colleague’s inappropriate behaviour, their employer may (and in some cases must) make a fitness to practise referral to us. The worker can also refer the matter themselves. We will investigate and consider whether any action is required in relation to the alleged behaviour.
Cases in practice
Fitness to practise referrals for inappropriate behaviour towards a colleague increased in the years after the MeToo movement raised the profile of sexual harassment in the workplace. We’ve received 220 referrals involving inappropriate behaviour towards a colleague since the start of 2023.
One recent case involved a worker who repeatedly made unwanted physical contact with a colleague and sexualised comments towards her. A Fitness to Practise Panel accepted the complainer’s evidence and concluded the worker’s fitness to practise was impaired. They decided removal from the Register was the only way to maintain trust in the social service profession and the SSSC as the regulator.
In another case, a worker slapped a colleague on the body and asked her and another colleague sexualised questions. A Fitness to Practise Panel accepted the evidence of the complainers and found the worker’s behaviour had a sexual motivation and that his fitness to practise was impaired. He was suspended from the Register for a year and required to produce a reflective account and undertake supervision sessions in relation to the issues raised.
We appreciate these cases can be upsetting for complainers. We have adopted a trauma informed approach to our fitness to practise investigations. Anyone complaining about a traumatic incident in the workplace can expect to be supported in a sensitive manner, both during our investigation and at any Fitness to Practise Panel hearing.