Advisory: Not suitable for children under the age of 14
RYAN:Hi, thanks for coming in, I appreciate it.
KAT:What's head office doing here?
STAFF MEMBER:Not sure.
HEAD OFFICE:I'll take it from here, OK.
RYAN:Thank you.
HEAD OFFICE:Hi Kat, can we talk?
KAT:Yeah.
STAFF MEMBER:So the artist has done all the work, I just need to make the appointment and they do it in like three or four sittings yeah, they like stencil it on-- are you OK?
RYAN:Listen Kat, I had to tell them about your stock mistake. You know what the reviews were like online after that night.
STAFF MEMBER:Don't worry, they'll forget about it soon enough.
RYAN:Yeah, you know we all make mistakes.
ATTORNEY:From the outset, Ryan Kane undermined and objectified Kathrine Timms. He made sexual advances towards her. And when she rejected those advances, he brought her work unfairly under the scrutiny of senior management.
ATTORNEY:It's Miss Timms' belief that were it not for Ryan Kane, her probationary period would not have been terminated.
ATTORNEY TWO:Madame, a grievance procedure has already been undertaken by an internal process. Miss Timms facts were disputed. Her probationary period was ended not because of any unfavourable treatment by my client, but simply because she was not good enough for the job.
ATTORNEY TWO:You claim Mr Kane exerted undue influence on head office, manipulating them into terminating your probationary period?
KAT:That's right.
ATTORNEY TWO:You believe Mr Kane deliberately undermined your authority?
KAT:Yes.
ATTORNEY TWO:And even lied about your competence?
KAT:He did.
ATTORNEY TWO:And in your opinion, when did all this begin?
KAT:Right after I knocked him back. I mean, literally straight after.
ATTORNEY TWO:To be clear, you're referring to September 20th when you and Mr Kane kissed?
KAT:When we-- No, he kissed me. I tried to let him down gently, I thought it was best not to make a fuss but the next day he was like a totally different person.
ATTORNEY TWO:And in your mind, this was because of the kiss?
KAT:Yes.
ATTORNEY TWO:But something else happened that night didn't it? Takings were down by over 30% because of a mistake you made. A cocktail bar with no kahlua, no Amaretto. Large swathes of your drinks menu unavailable.
KAT:Look, I made a mistake, but takings for the quarter were still good. Up, even. Head office don't need to know about every bad night that we have. Especially as it wouldn't have happened if Ryan had of shown me how to use the stock software like he was supposed to.
ATTORNEY TWO:I'm sorry, are you suggesting the error is Mr Kane's fault?
KAT:No I'm suggesting that he should have taught me how to use the stock software. Instead of always muscling in and doing it for me.
ATTORNEY TWO:Did you ever communicate this concern to Mr Kane?
KAT:He wouldn't have taken me seriously, he didn鈥檛 take anything seriously.
ATTORNEY TWO:So you didn't take to him about it?
KAT:I couldn鈥檛. He made me feel uncomfortable, on edge.
ATTORNEY TWO:What exactly did Mr Kane do to make you feel on edge?
KAT:-Well it wasn't just one thing.
ATTORNEY TWO:-Then what?
KAT:It was the comments, all the little complements that we're actually digs. Making me feel like I was only ever as good as what he thought I was. He would say this thing to me about how he was the brains and I was the beauty.
KAT:I know I doesn鈥檛 sound like much when I say it out loud鈥
ATTORNEY TWO:No, it doesn't.
KAT:Do you know what I can't explain it. He was always staring at me, leaning in just that little bit too close. Smelling my perfume.
ATTORNEY TWO:And did you make any kind of complaint about this behaviour?
KAT:No.
ATTORNEY TWO:But you must have confined it in someone, a friend, a colleague?
KAT:-No.
ATTORNEY TWO:-No one? You didn鈥檛 tell a single soul?
KAT:No.
ATTORNEY TWO:Did you keep a record?
KAT:No.
ATTORNEY TWO:It seems to me that perhaps these behaviours have grown in your imagination since your termination. Perhaps they didn鈥檛 feel so important at the time. Perhaps that's why you didn鈥檛 tell anyone?
KAT:No, that's not it.
ATTORNEY TWO:Miss Timms,I suggest to you that the feeling of being on edge that you describe, is not because of Mr Kane, but because you felt out of your depths. Uncomfortable in your role. It wasn't just the stock issue was it? There were issues with the rota, staff being double booked?
KAT:No, that's not my fault, that's because he booked in staff holidays without telling me first.
ATTORNEY TWO:You also got so drunk, you vomited at a staff event?
KAT:I'm not used to drinking so much. I was new, I wanted to fit in. And I was discreet, nobody knew about it apart from him.
ATTORNEY TWO:Miss Timms, isn't the truth that you we're unhappy at work because you felt insecure and overwhelmed.
KAT:No.
ATTORNEY TWO:You found it hard to restrain yourself in front of your employees. Mr Kane did his best to support you, but in the end isn't it that you simply were not equipped for a management role.
KAT:No. I was good at my job.
Video summary
The second of three films telling the story of a professional relationship between a man and woman at work, which ends with an accusation of sexual harassment and an employment tribunal hearing.
The film shows the story progressing to a tribunal hearing and the questioning of the female character.
The film is accompanied by a discussion piece with 20 people aged 18 to 30 talking about their perceptions of what happens in this film.
Teacher Notes
This film is suitable for 14-16 year olds, however we advise making yourself familiar with the content and considering carefully whether it will be appropriate and of use for your specific cohort.
Check your school policies to make sure you follow school guidelines and talk to a member of the SLT if in doubt about anything.
Check to see if any of your class have any child protection issues 鈥 e.g. abuse or sexual harassment.
Once you are confident it is the right resource for your pupils, watch it through alone and jot down your thoughts, questions and reactions to the drama as it unfolds.
You may decide not to tell your class that this is a film about sexual harassment until the very end. By doing this you will enable them to approach it with an open mind and really explore and debate their views without having any pre-judgement.
During the lesson/watching the film
Set up a working agreement with the class and create a list of ground rules for the session so everyone feels safe and able to talk and join in discussions without being judged. (Remember to include a reminder to talk to a trusted adult if anything in the film makes them feel uncomfortable).
If you have watched Film 1. Spend some time recapping on the film and the group鈥檚 thoughts on it so far. Revisit the ideas of relationships 鈥 what are their thoughts on the relationships in this drama so far between all the different characters? How would you feel working there if you were Cat/Ryan/a colleague 鈥 the new girl or the other bar staff? Encourage the class to think on 鈥 what could happen next? What do you think this film might be about? Give lots of time for paired, group or whole class discussion and write up their ideas on a flip chart or smartboard so you can use or refer to these in future lessons.
Timing: This film is 5.29 minutes long.
The first section stops at 1.01 minutes. You could pause at this point and ask questions like: What鈥檚 building here? Why do you think Head Office came in? What do you think about that? How do you think Ryan is feeling? How do you think Cat is feeling? What about the other staff? What tells you they are feeling this way? Has this changed your views at all?
The second and final section is called 鈥楾he Tribunal 鈥 The Defence鈥 and stops at 5.29 minutes.
Again discuss their thoughts on what is unfolding. How are both Cat and Ryan reacting to these statements? What do you think the outcome will be? What makes you think this?
At the end of your session look back at your earlier questions and allow time for discussion and to pull everything together. Try and make time for some quiet reflection at the end too.
Always check in with the group and remind them to talk to someone if anything they have seen or discussed has made them feel uncomfortable and always signpost where they can get further support or information both within and outside of school. E.g. ChildLine will talk to people right up to the age of 19 for support and the Equality Advisory and Support Service is available to give advice, information or guidance on equality, discrimination or human rights issues. (Both are free to use).
Following on
You can use the additional resource called 鈥楧iscussion on Part 2鈥 which is part of a set of three separate films showing young people in discussion about each film. This can be viewed in support or to extend on from your pupils鈥 debates if they are a lively bunch, or to get them going if they are a quieter group. (Be sure to watch this ahead of the session so you are happy and aware of the content before showing it).
There is one other film in this drama series which shows how the story unfolds (this also has a discussion film). You could continue this series across another lesson/a few lessons if timetabling allows and see how the story unfolds and how the law sees it at the end.
Continued debate and discussion is recommended and if you can resist not telling your class it is about sexual harassment until the end of the series, this will create a really interesting learning journey, building skills in empathy, discussion, listening and debating.This lesson could also be used in the context of, or followed up with, a look at the laws surrounding sexual harassment.
Sexual harassment is unlawful under The Equality Act 2010 in England, Scotland and Wales and The Sex Discrimination Order, 1976 in Northern Ireland.
Group discussion with their perceptions of the film
Host:Oh the plot thickens. Gather round in a circle. Take a deep breath. What did you guys think of that?
Lady in Orange:I'm just finding it difficult to process everything because I find it quite pretty that she's taken it to court, because she would have never have done that if she wouldn't have been fired. It's petty because, she's doing it to get back at him.
Man in Zip Jacket:I would argue the exact same on the flip side, then would he have not gone to head office if she'd got with him?
Lady in Grey Top:Had she have shown that same affection back in that case, there is no way, I'm telling you, there is no way he would have rang HR or whatever he did. Because鈥 For him, I think, judging even by how he did her work for her, his main priority was their relationship outside of work, you know that boyfriend girlfriend kind of relationship. It wasn't鈥
Host:But should he not have rang HR? I mean if she's failing in her job鈥
Lady:He should have done it originally鈥
Lady in Grey Top:It's one mistake at the beginning of her job, he's not even trained her properly, he's doing all of it for her because he fancies her.
Man in White Shirt:I think it's more of a revenge, than anything, with the tribunal. I don't particularly know how she thinks she can win it, with the evidence that she has.
Narrator:For Kat to prove sexual harassment in the tribunal, she's also got to show Ryan's behaviour was unwanted.
Host:Could Ryan have thought his behaviour was wanted? So who would like to elect themselves first, Nick what do you think?
Nick:I do think he genuinely could have believed there were signs there and there was some kind of fling going on.
Man in Black T-Shirt:It is his fault technically for allowing his flirting techniques to get in the way of her training and her-- but it is her fault because no offence and I know it seems a bit harsh but she just didn鈥檛 tell him how it is.
Man with Chain Necklace:She never once stated at any given time that she wasn't happy with the with the behaviour that Ryan was doing, so it was leading on kinda thing.
Lady with Blue Hair:I personally feel like Ryan was sexually harassing her, like he, moved his hand down her back and she pulled it away. He was trying to get her to drink a lot, just seemed really dodgy to me like he didn鈥檛 seem like he had any good intentions for it, it just seemed like he only had one motive and that was to get her in bed.
Lady in White Tank Top:I think Ryan acted inappropriately at work. I think鈥 the kiss towards Kat was sexual harassment. and I don鈥檛, I don鈥檛 see how it's not.
Narrator:The debates getting quite heated as this is a complicated story. It's time to hear from someone who's actually been involved in a real life case.
Host:Hello Keith, nice to see you.
Keith:Hello.
Narrator:Keith who's a coordinator at a hospital, was involved in a sexual harassment complaint at work.
Host:Have you spoke about this much?
Keith:Not to a lot of people no, I've spoken with my partner about it obviously.
Host:This is Keith, guys.
Keith:Hello everyone.
ALL: Hello
Keith:Hello.
Host:Keith, you come and sit next to me maybe.
Keith:The best way to describe this is my nightmare began, I was accused鈥 of sexual misconduct, sexual harassment. But, in itself, I'm talking about it now and I can feel my heart racing.
Host:What was it the accuser said you had done?
Keith:He accused me of touching his bottom, 14 times, this is what he said. It turned out that he later rephrased that to once. He accused me of telling him he had red, sexy lips. He'd accused me of grooming him, in a way that I would cook food and bring food for him, as a way of grooming him for sexual advances. And I was totally dumbfounded by all these accusations.
Host:There was an internal investigation?
Keith:There was indeed an internal investigation.
Host:What did they find?
Keith:The accusations were proven to be unfounded鈥 and I was cleared of all allegations. I had never, ever, ever thought in a million years that anyone could be so cruel and vicious and vindictive.
Keith:As to accuse another person wrongfully鈥 of sexual harassment only because, he did not get what he wanted and that was he wanted me, as the manager of the hospital, he wanted me to swap a shift for him.
Man:Why do you think he went for sexual harassment when there was other things he could have done or said?
Keith:Because I am an openly gay at work. I think he used the sexual harassment because as a man accusing a gay man, and an openly gay man of sexual harassment, that will have more impact and that was the sole purpose, I believe, of why he did what he did.
Narrator:What was the impact of this on your life?
Keith:I was always fearful, like if I go out, people would see me and start pointing at me and saying you know, calling me names. You know, he molests other men or stuff like that. I never drunk before but I would find myself drinking up to a bottle of vodka a day, just to self-medicate.
Keith:I was diagnosed with stress-related type two diabetes. And now because of this incident and these lies, I have to take this medication for the rest of my life.
Narrator:After Keith was cleared by an internal HR investigation at the hospital, he then successfully sued the man for libel.
Host:Is there a moral to your story that you'd like to share?
Keith:The moral is, I always say the truth always comes out in the end. If you continue and you persevere, there's always a solution and the truth always comes out in the end and I so pleased that I persevered with this.
Host:Thank you very much for sharing your story.
Host:So if you haven't heard Keith talk, would you have still had that perspective or has that kind of changed the way you think鈥
Lady with Blue Hair:It's definitely changed since Keith came, it's really like changed everything for me.Host:OK.
Lady with Blue Hair:I feel like, we all side with the victim, which you know, it's natural to because you feel sorry for this person, that they've had to go through this and you don鈥檛 want to say, "You're lying" but they could be lying.
Lady in White Tank Top:After hearing Keith's experience about being accused of sexual harassment鈥 it opened my eyes and mind to鈥 hear someone's story, not from the victims perspective but from the accused. Which really opened my mind to make me believe that there is a possibility Ryan believed that Kat was interested.
Lady with Long Brown Hair:I think because what we see in the media there's-- It's always the victim, it鈥檚 never the accused and because we've got that persona of the victim, the victim, the victim, we're not really seeing that yeah he's defiantly had mixed signals there.
Lady with Long Brown Hair:I felt like she was using the excuse that oh he was making sexual advances towards her and used that as an excuse, rather than that she-- understanding that maybe she wasn鈥檛 right for the role.
Host:Time to vote, so somewhere in this room are some papers and pens, we are gonna vote one by one as per usual, Chloe you go first.
Narrator:For Kat to win her case, she has to prove that Ryan's behaviour was unwanted.
Narrator:But what do the group think of him now? Could he have thought his behaviour was wanted? That's the question I'm asking.
Narrator:75 percent of the group voted yes. 15 percent voted no. And 10 percent said they don鈥檛 know.
Lady in White Tank Top:I voted yes. I'm very surprised at myself that my mind has changed. When it comes to sexual harassment, I think, moving forward I won't be so quick to make a judgement. But I can honestly say I'm quite happy about that鈥 because women aren鈥檛 always the victims.
Man in White Shirt:It was not clear to him as to what signals he was receiving鈥 from her and I think without that explicit clarity鈥 he was well within his rights to try something on with her.
Lady in Orange:I think it's so unfair to always put the blame on guys because some girls like attention, a guy might reciprocate that as you liking them and then when they make a move it's upset you and then obviously if it does get taken to court like in Kat and Ryan's case, you will potentially ruin that person's career.
Narrator:It's been quite a dramatic day, a lot of people early on seem to think Ryan was completely in the wrong. But as the day has progressed and as they have debated more, they seem to have changed their mind quite a bit.
Narrator:Three quarters of the group now seem to be sympathising with Ryan. By saying he thought Kat was OK with his behaviour.
Narrator:Tomorrow, were see what happens in the tribunal. In the final part of the story.
Man in Black T-Shirt:I don't think she's going to win. Because at the end of the day鈥 the evidence the woman said against her, her drinking, etc. She didn鈥檛 confide in anyone. And I'm not saying you have to confide in someone but the evidence relative to her position at the moment, she won't win.
Narrator:The next morning and it's time for us to see what happens in the tribunal.
These lessons will fit within:
Citizenship and PSHE in England.
The Curriculum for Excellence (Health & Wellbeing Education) in Scotland.
Learning for Life and Work in Northern Ireland.
Personal and Social Education (PSE) in Wales.
Part 1 - The Bar. video
A new duty manager starts at a bar and is mentored by a male counterpart.
Part 3 - The Prosecution. video
The employment tribunal hears evidence from the bar manager.
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