Sexual Harassment Law
Sexual harassment in the workplace is a critical issue that no employer can afford to ignore. Following the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023, UK employers now have a legal duty to take “reasonable steps” to prevent sexual harassment and create a safe working environment for all employees.
Non-compliance can lead to significant penalties, including increased compensation awards of up to 25% in Employment Tribunals. This guide will help employers understand their obligations under the law and provide practical steps to ensure compliance.
What is Sexual Harassment?
Under the Equality Act 2010, sexual harassment is defined as unwanted conduct of a sexual nature that:
- Violates an individual’s dignity; or
- Creates an intimidating, hostile, degrading, humiliating, or offensive environment for them.
Examples of sexual harassment include:
- Unsolicited physical contact.
- Sexual jokes, comments, or advances.
- Sending sexually explicit emails, messages, or texts.
- Displaying sexually graphic images.
Legal Responsibilities for Employers
Under the new legislation, employers must take proactive steps to prevent sexual harassment in the workplace. This includes implementing policies, training staff, and fostering a culture of respect and accountability. Here are the key actions employers need to take:
Employers must evaluate potential risks that could lead to sexual harassment in the workplace. Factors such as lone working, alcohol consumption at work events, power imbalances, or workforce demographics should be carefully considered. Once risks are identified, employers must implement tailored strategies to mitigate them.
Every organisation should have a robust sexual harassment policy in place. This policy should:
- Clearly define sexual harassment.
- Outline reporting procedures and the investigation process.
- Highlight the consequences for individuals who breach the policy.
- Reinforce the organisation’s commitment to a zero-tolerance approach.
Training is crucial in creating awareness and fostering a respectful workplace culture. Employers should:
- Educate all employees on what constitutes sexual harassment.
- Provide guidance on how to report incidents of harassment.
- Offer managers specialised training on handling complaints effectively and sensitively.
Employers are also responsible for preventing harassment by third parties, such as clients, contractors, or visitors. This can be achieved by:
- Communicating a zero-tolerance approach to third parties.
- Including relevant clauses in contracts or displaying public notices.
Employers must have clear and accessible procedures for employees to report harassment. It’s important to:
- Identify the personnel involved in the reporting and investigation process.
- Ensure managers are trained to handle complaints professionally.
- Provide regular updates to employees on the progress of their complaints.
Ongoing monitoring is essential to maintain a safe and respectful workplace. Employers should:
- Conduct regular check-ins with employees.
- Evaluate the effectiveness of existing policies and training.
- Make improvements based on employee feedback and emerging best practices.
Consequences of Non-Compliance
Employers who fail to meet their obligations under the Worker Protection Act face serious consequences. Employment Tribunals now have the authority to uplift compensation awards by up to 25% if an employer cannot demonstrate they took reasonable steps to prevent harassment. Additionally, the Equality and Human Rights Commission (EHRC) has been empowered to enforce compliance with the new regulations.
The Benefits of Proactive Compliance
Taking proactive steps to address sexual harassment not only ensures compliance with the law but also helps to:
- Foster a positive workplace culture.
- Enhance employee morale and retention.
- Protect your organisation’s reputation.
- Minimise the risk of costly litigation.
For further guidance on your responsibilities as an employer or support in developing anti-harassment policies, contact our employment law team today.
Meet the team
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- Justin Govier
- Partner, Head of Commercial Services
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- Nicola O’Dwyer
- Legal Director
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