According to the Japanese newspaper Mainichi, there has been an increase (in Japan at least) of ‘smell harassment’ in the workplace. The newspaper reports that, as the temperature in Tokyo rises, so does the body odour. Employees are taking to social media to complain about the impact that bad smells from their colleagues are having on their working life. One reported feeling ‘dizzy’ from the stench!
Training and policies often, rightly, focus on more sinister forms of harassment. In fact, the UK’s current laws on harassment do not make specific provision for smells. Though body odour may have the ‘effect’ of creating a ‘hostile’ environment, it’s unlikely to ‘relate to’ any characteristic protected under the Equality Act 2010, so would not be covered.
A tricky issue for employers
There is potentially a risk with smelly issues in the workplace. Left unresolved, they could, in an extreme case, cause an employee to resign and claim constructive unfair dismissal. On the flip side, an employer who broaches the issue of an employee’s body odour in an insensitive way could risk that employee taking offence, resigning and claiming constructive dismissal themselves. Or, if the smell issue relates to an underlying disability, claims of disability discrimination.
Some solutions
Luckily, UK summers are generally less humid than those in Japan. However, as an employer, you should think about measures you can take to reduce the likelihood of issues arising, for example checking air conditioning and ventilation in the workplace and relaxing uniform rules during hot weather. If an issue is raised with you, make sure that it is handled sensitively.
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