Buddy says:  If the ringtone has the effect of creating an intimidating, hostile, degrading, humiliating or offensive environment then both the Company and the employee may face tribunal proceedings for harassment.

The Sex Discrimination Act 1975 (SDA) now states that engaging in any form of unwanted verbal, non verbal, or physical conduct of a sexual nature can be sexual discrimination if it has the effects mentioned above.

At first you should deal with this situation informally, as your employee is likely to be unaware that their behaviour is unacceptable. Have a quiet word with the employee and if this is successful, no further action should be taken, and nothing should be recorded on the employee’s file.

If however the employee still refuses to change their ringtone you may wish to start the formal disciplinary procedure, which could result in a written warning.  If, despite the warning, the employee still refuses to change their ring-tone, you should commence the three stage statutory dismissal/disciplinary procedure with a view to possible dismissal (or possibly a final written warning).

Employer information:  Under the SDA an employer is liable for the acts of its employees. Therefore if you allow this behaviour to continue, you risk facing an award of uncapped damages for discrimination.

It is important that you are seen to be taking the necessary action to stop this behaviour, as
taking all reasonable steps is a defence to vicarious liability for the acts of staff.

If another employee makes a complaint of harassment, you are under a duty to investigate the matter and deal with it as a formal grievance. This includes inviting the complainant to a meeting and investigating the matter thoroughly.

You should also consider amending you staff handbook, equal opportunities policy, and any other documentation to state that offensive ringtones will not be tolerated at work. This should avoid the same situation arising in the future.