From 26 October 2024, employers will be expected to take reasonable steps to prevent sexual harassment in the workplace. The Worker Protection (Amendment of Equality Act 2010 Act 2023. “Reasonable steps” means being proactive prevention, rather than just dealing with complaints.
Why is sexual harassment an issue in the workplace?
A TUC survey in 2023 reported that 62 per cent of women aged 18 to 34 said they experienced sexual harassment, bullying or verbal abuse at work and that 70 per cent of women who experienced sexual harassment in the workplace did not report it. This is a significant proportion of the working population and means that it may well be happening in your workplace now. It is worth remembering, of course, that sexual harassment does not exclusively involve men harassing women, although in the majority of reported cases it does. Sexual harassment continues to be prevalent in the workplace and the response from employers tends to only happen when an incident occurs. This new legislation aims to prevent such incidents happening and, where it does happen, to make it easier for people to report it so that employers can deal with it.
What is defined as sexual harassment?
Sexual harassment occurs when a person is subjected to unwanted conduct of a sexual nature that has the purpose or effect of violating that person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
Incidents of sexual harassment in the workplace include obvious things but may also include things which you might have thought are acceptable behaviour. Below are some examples:
- Sexual assault or rape
- Displaying or sharing pornographic/sexual images or content;
- Touching someone against their will; for example, kissing them on the cheek or hugging them or even just putting a hand on a shoulder
- Flirting or making sexual remarks
- Asking about someone’s sex life
- Telling sexually offensive jokes, including about someone’s sexual orientation or gender reassignment
Some of these may be surprising to people. Many cannot see anything wrong with flirting or making risqué jokes. The point is whether it is unwanted, or can violate a person’s dignity or make them feel intimidated or humiliated. The threshold for this will be different for each individual, which is why an employer must have strict guidelines to protect everyone.
The workplace also includes any place or situation connected with work, which would be considered as an extension of the workplace. This includes staff parties, client events, offsite training days, etc. It can also include inappropriate messages of a sexual nature between colleagues, even on personal devices or outside of working hours.
The consequences for employers who do not take proactive steps to prevent sexual harassment in the workplace
If it is found that an employer has not taken reasonable steps to prevent sexual harassment in the workplace, employment tribunals will have a new power to increase compensation by up to 25 per cent if the employer has failed to comply with the new duty. The Equality and Human Rights Commission can also investigate employers and enter into legally binding agreements with employers, committing them to take steps to comply.
The consequences of non-compliance are substantial. There is, of course, a financial impact on a business, but there will also be potential reputational damage as well if an employer is seen not to be taking the issue of sexual harassment seriously. In turn, this can have an impact on staff retention, absence rates, recruitment. Not to mention the impact it will have on customers, suppliers and other stakeholders.
What steps should an employer take to prevent sexual harassment in the workplace?
Create a sexual harassment policy
You may already have a discrimination, harassment and bullying policy in place – and that is a good start – but you will be well advised to update it to include specific policy around sexual harassment, or even to introduce a separate policy specifically related to sexual harassment.
Regular training
Training for employees – and particularly for line managers – is key to ensuring they understand what sexual harassment is and their role in preventing it or in dealing with it. Managers need to understand what constitutes bullying, harassment and sexual harassment and know what to do it if is reported to them.
You should keep records of participation in training for all employees. It is also important that training should be repeated regularly and not considered to be a one-off. Reinforcing the messages is key to changing the culture to proactively preventing sexual harassment. It also reinforces the company’s expectations in terms of behaviour and culture.
Make it easy and safe for people to raise complaints
Complaints of sexual harassment are difficult to deal with. They can be dealt with through the grievance procedure or a separate procedure for sexual harassment complaints. Support must be available (and clearly laid out) for both the person raising the complaint and the person who is alleged to have sexually harassed that person. This could even identify a point of contact within the company for pastoral care and support. You might also want to provide a list of FAQs that employees might have when reporting sexual harassment; for example, can they insist on a right to anonymity?
Whatever reporting process you use, there must be a resolution and you must keep records of whether complaints are upheld.
All grievances or complaints should be taken seriously and responded to promptly and comprehensively. Any evidence of discriminatory behaviour or harassment will need to be investigated and acted on quickly.
Leading by example from the top
Senior management must build a zero-tolerance culture and be the example they want their employees to follow. This includes taking prompt action if any concerns are raised, and ensuring all complaints are investigated and handled professionally and all employees feel valued and safe. You and your managers need to be role models because employees will always do what you do, even if that is different from what you say. So your managers will need to visibly show that they buy into a culture of respect and zero tolerance of any form of harassment.
As always, if you need any support with any of these issues, please contact us at Heartfelt HR
