A junior stew tells you that the First Officer has been messaging her at night, that he comments on her body in the crew mess, and that when she asked him to stop he laughed and said she should relax. She tells you she does not want to make a fuss. She has just made a disclosure, and how you handle the next hour will shape whether anyone on this yacht ever speaks up again.
Definitions
- Bullying — repeated, unreasonable behaviour directed at a person that creates a risk to health and safety: humiliation, intimidation, exclusion, undermining, unmanageable workloads used punitively.
- Harassment — unwanted conduct related to a protected characteristic (such as sex, race, religion, age, disability or sexual orientation) that violates dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
- Sexual harassment — unwanted conduct of a sexual nature, including comments, jokes, images, messages, touching, propositions, and pressure linked to career advantage.
Three points that trip people up:
- Intent is not the test. It was only a joke is not a defence. The effect on the recipient is what matters.
- It does not have to be repeated to be harassment. A single serious act can be enough.
- Bystanders are affected too. Conduct can create a hostile environment for people it was not aimed at.
The Yacht Obligations
MLC requires an onboard complaint procedure which crew can use without victimisation, and the vessel must have policies against harassment and bullying. Industry guidance, flag guidance and the ISM safety management system reinforce this. In practice the yacht must:
- Have a written policy, known to crew, that defines the behaviour and the routes.
- Provide a complaint route that does not require reporting to the alleged harasser.
- Investigate promptly, fairly and confidentially.
- Protect the complainant from retaliation — retaliation is itself a disciplinary matter.
- Keep records and take proportionate action.
Reporting Routes
| Situation | Route |
|---|---|
| Peer-to-peer, minor and resolvable | HOD, informally, with a record |
| Any serious allegation | HOD to Captain, under the yacht procedure |
| The alleged harasser is the HOD | Direct to the Captain |
| The alleged harasser is the Captain | Designated Person Ashore (DPA), management company, shipowner, flag state |
| The alleged harasser is a guest or the owner | Captain immediately; crew safety comes first; the yacht owes a duty to its crew |
| Criminal conduct (assault, sexual assault) | Captain, DPA, flag state and police. It is a crime, not an HR matter |
The alleged harasser being senior, valuable or a guest does not change the obligation. A crew member is never required to endure harassment to protect a charter. If you are told to make it go away, that instruction is itself a serious problem — escalate to the DPA.
Onboard Notes
- Never investigate a serious allegation alone or informally. Route it.
- Do not tell a complainant what she should have done differently. Ever.
- Write down what you were told, in her words, with the date, as soon as she leaves.
- General professional guidance only. Not legal advice — take proper advice via the management company.