PREVENTING WORKPLACE HARASSMENT IN THE HAIR & BEAUTY INDUSTRY

Written by Hulisani Ravhudzulo

The Hairdressing, Cosmetology, Beauty, and Skincare Industry ("The Industry") is a people-focused sector built on professionalism, trust, customer service, and close interpersonal interaction. Employees regularly engage with clients, colleagues, suppliers, contractors, and members of the public while performing services that often require working in close physical proximity. While these interactions are essential to the success of the industry, they can also expose employees to inappropriate conduct, including workplace harassment.

In South Africa, the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace, issued under the Labour Relations Act 66 of 1995, provides a framework for employers and employees to prevent, address, and eliminate harassment. The Code recognises that harassment infringes on human dignity, equality, and fair labour practices and can have serious consequences for individuals and businesses alike.

Within the industry, creating a workplace free from harassment is both a legal obligation and a business necessity. Employers must take proactive steps to ensure that employees are protected from all forms of harassment, whether committed by colleagues, supervisors, clients, or other third parties.

Understanding Workplace Harassment

Harassment refers to unwanted conduct that violates an individual's dignity, creates a hostile or intimidating working environment, or causes emotional, psychological, physical, or economic harm. Harassment may occur as a single serious incident or through repeated behaviour over time.

The Code of Good Practice recognises that harassment may be based on prohibited grounds such as race, gender, sex, pregnancy, age, disability, religion, culture, language, sexual orientation, or any other arbitrary ground.

Importantly, workplace harassment is not limited to employee-to-employee interactions. Within the industry, harassment may occur between employers and employees, managers and subordinates, co-workers, clients and employees, suppliers and employees, independent contractors and staff members, and apprentices, trainees, and supervisors.

Harassment negatively affects workplace morale, productivity, employee well-being, and the reputation of the business. It may also expose employers to legal liability if appropriate action is not taken.

Common Forms of Harassment in the Industry

Sexual Harassment

Sexual harassment is one of the most common forms of workplace harassment in service industries. Due to the close-contact nature of beauty, grooming, and skincare services, employees may be particularly vulnerable to inappropriate conduct. Examples of sexual harassment include unwelcome sexual advances, requests for sexual favours, inappropriate touching or physical contact, sexual jokes or comments, repeated requests for dates after refusal, displaying sexually explicit material, sending inappropriate electronic messages, and comments of a sexual nature regarding an employee's appearance or body.

For example, a beauty therapist may experience inappropriate comments from a client during a treatment session, or a supervisor may repeatedly send romantic messages to an employee despite being asked to stop. Such conduct may constitute sexual harassment and should be addressed immediately.

Bullying and Psychological Harassment

Bullying is another form of workplace harassment that can arise in high-pressure environments. It often involves conduct intended to intimidate, humiliate, or undermine an employee. Examples include public humiliation in front of clients or colleagues, persistent criticism intended to demean, verbal abuse or insults, threats and intimidation, deliberately excluding employees from workplace activities, and unfairly undermining an employee's work performance.

Bullying can result in stress, anxiety, depression, reduced confidence, and decreased job performance.

Harassment Based on Protected Characteristics

Employees are entitled to work in an environment free from discrimination and harassment based on protected characteristics. Examples include racist remarks or jokes, mocking a person's language or accent, negative comments about religious beliefs, harassment related to pregnancy, discrimination based on age, and offensive remarks regarding disability or health conditions. Given the diversity of South Africa's workforce, mutual respect and tolerance are essential in maintaining healthy workplace relationships.

The Employer's Duty to Prevent Harassment

The Code of Good Practice places a significant responsibility on employers to prevent and eliminate harassment in the workplace. Employers cannot simply react when complaints arise; they must actively create a safe and respectful work environment.

Developing Clear Workplace Policies

Every employer should implement a comprehensive harassment policy that defines harassment and its various forms, identifies unacceptable behaviour, explains reporting procedures, outlines investigation processes, specifies disciplinary consequences, and provides protection against victimisation. Employees should receive a copy of the policy when they commence employment and should be regularly reminded of its contents.

Creating Awareness and Education

Training and awareness programmes are essential in preventing workplace harassment. Employees and managers should understand their workplace rights and responsibilities, acceptable standards of conduct, sexual harassment prevention, diversity and inclusion principles, and available reporting mechanisms. Regular training promotes awareness and helps establish a workplace culture based on dignity and respect.

Responding Promptly to Complaints

Employers must take all complaints seriously and investigate allegations without delay. Ignoring complaints may worsen the situation and expose the employer to legal risk. Investigations should be fair and impartial, conducted confidentially where possible, free from bias, properly documented, and completed within a reasonable timeframe. Where evidence supports allegations of harassment, appropriate corrective or disciplinary action must be taken.

Protecting Employees from Client Harassment

A unique challenge within the industry is harassment committed by clients. Employers often focus on internal workplace conduct but may overlook inappropriate behaviour by paying customers.

Employers have a duty to protect employees from harassment regardless of who commits it. Management should take complaints involving clients seriously, support affected employees, intervene when inappropriate conduct occurs, warn or remove offending clients where necessary, and refuse service to repeat offenders. Employees should never be expected to tolerate harassment simply because the individual is a customer or generates business revenue.

Employee Responsibilities

Although employers carry the primary responsibility for maintaining safe workplaces, employees also play an important role in preventing harassment. Employees should treat colleagues, clients, and others with dignity and respect, refrain from engaging in harassing behaviour, report incidents promptly, cooperate with investigations, support colleagues who raise legitimate concerns, and promote professionalism and inclusivity. A respectful workplace culture requires participation and commitment from everyone.

Reporting and Resolution Procedures

Employees who experience or witness harassment should report the matter as soon as possible. An effective reporting process should include reporting the incident to management, human resources, or a designated representative; recording relevant information, including dates, times, witnesses, and supporting evidence; participating in any investigation process; and accessing counselling or employee support services where available. Employers must ensure that employees can report concerns without fear of retaliation, victimisation, or prejudice.

Disciplinary Consequences

Harassment constitutes misconduct and may result in disciplinary action. The appropriate sanction will depend on the seriousness of the conduct, the surrounding circumstances, and the impact on the workplace. Possible disciplinary measures include counselling, verbal warnings, written warnings, final written warnings, suspension, and dismissal.

Serious incidents involving sexual harassment, intimidation, victimisation, threats, or repeated misconduct may justify dismissal for a first offence due to the irreparable breakdown of the trust relationship between the employer and employee.

Employers must ensure that disciplinary action is implemented in accordance with the Labour Relations Act, the Employment Equity Act 55 of 1998, company policies, and the principles of procedural and substantive fairness.

Promoting a Culture of Respect

The most effective way to prevent harassment is to create a workplace culture founded on dignity, respect, accountability, and professionalism. When employers actively promote inclusion and respectful conduct, they reduce workplace conflict and improve employee well-being.

A respectful workplace contributes to higher employee morale, increased productivity, improved service delivery, reduced labour disputes, better employee retention, and enhanced business reputation. Employees who feel safe, valued, and respected are more likely to perform effectively and contribute positively to the success of the business.

In conclusion, the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace provides an essential framework for protecting employees and promoting fair labour practices within the Hairdressing, Cosmetology, Beauty, and Skincare Industry. Given the highly interactive nature of the sector, employers must remain vigilant in preventing all forms of harassment, whether committed by colleagues, managers, clients, or other third parties.

Creating a workplace free from harassment requires commitment from both employers and employees. Through clear policies, regular training, effective reporting procedures, and decisive action when misconduct occurs, organisations can foster a culture of dignity, equality, and respect. By prioritising the well-being of employees, businesses not only comply with legal obligations but also strengthen workplace relationships, improve service standards, and contribute to the long-term sustainability and growth of the industry.