Clubs who fail to crack down on the behaviour of their members could be hit with “serious financial and reputational consequences” under recently changed sexual harassment laws.
Leading human resources expert Carolyne Wahlen warned clubs they are now legally required to “take active steps” to prevent such behaviour.
But, in guidance written for the Golf Club Managers’ Association, she explained that despite the legal changes, which came into force towards the end of October last year, “we are still seeing a worrying number of incidents in golf clubs across the country”.
“It’s not the employees who are the problem,” she wrote. “In most cases, they follow the rules, and when something happens, clubs handle it properly. The real issue? The members.”
Wahlen, whose Golf HR company helps golf clubs with specialised employment law and human resources advice, detailed some breath-taking real-life examples from UK golf clubs including:
- “A member who routinely patted female bar staff on the bottom and, when confronted, responded with, ‘Do I have to ask permission now before I do that?”
- “A club chairman who laid his face on a waitress’ chest while inhaling her perfume, later justifying his actions by saying, “I’m just a direct kind of guy. I like to show my appreciation for attractive women.”
- “A drunk member who propositioned a female bar manager while being offered a lift home, saying, “We’ll get home and have a little bit of sex. Not too much, though — it upsets my dogs.”
What could be the impact for clubs who don’t take action on sexual harassment?
Wahlen said England Golf required that clubs had a member disciplinary policy. “The problem is that too many clubs have the policy but refuse to enforce it.
“Time and time again, we see complaints being dismissed with a quiet word – ‘Bob won’t do that again’. But Bob will do it again. Because there are no real consequences.”
The new legal framework means clubs must prove they have taken reasonable steps to prevent sexual harassment. Wahlen explained that meant a number of things, including “taking member misconduct seriously – not ignoring it to avoid confrontation” and “recognising that clubs are legally responsible for member behaviour”.
Those clubs that fall foul of the legislation could face shelling out a 25 per cent uplift on any tribunal award – potentially a huge sum as sexual harassment cases have no financial cap.
And Wahlen added the damage went beyond just the financial outlay. She told golf club managers: “Employment tribunals are public records – meaning every ignored complaint, every inappropriate comment that was tolerated, and every poor decision your club made could be exposed for everyone to see.”
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She urged golf clubs to train staff and committee members, review and enforce policies and to take examples of misconduct from members “seriously before it’s too late”.
Golf clubs looking for specialist employment law and human resources advice can contact Golf HR, a GCMA business partner who work with 36 of England’s top 100 golf clubs.