Sexual harassment at work is more common than many might think. And it has serious consequences for both individuals and workplaces. A TUC survey found that 3 in 5 women have experienced sexual harassment on the job, with the number climbing to 2 in 3 for women aged 25 to 34. What’s more troubling is that for most, it’s not a one-off event—57% of women have dealt with multiple incidents.
The impact is real: 45% say it’s affected their mental health, and 18% have even left their jobs because of it. These are eye-opening statistics.
Employers have a responsibility to create safe, respectful workplaces, and the stakes are about to get higher. From 26 October 2024, new laws will require businesses to take more proactive measures to prevent sexual harassment.
In this guide, we talk you through your key responsibilities, what preventative measures organisations can take, and the changes on the horizon in this area of employment law.
- What is sexual harassment at work?
- Upcoming changes to sexual harassment protections
- What constitutes sexual harassment?
- Examples of sexual harassment at work
- Who can experience sexual harassment at work?
- Employer’s responsibilities
- Getting ready for the legal changes
- The importance of proactive prevention
- How we can help
What is Sexual Harassment?
Under the Equality Act 2010, sexual harassment is defined as:
Unwanted conduct of a sexual nature, which:
a) violates the victim’s dignity; and/or
b) creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Employers are already held vicariously liable for acts of sexual harassment committed by their employees unless they can show they took “reasonable steps” to prevent such behaviour.
Upcoming Changes to Sexual Harassment Protections
The Worker Protection (Amendment of Equality Act 2010) Act 2023 will introduce a duty on employers to take reasonable steps to prevent sexual harassment. The aim is to move the focus from responding to harassment after it occurs to taking proactive measures to prevent it.
The Act also allows for increased compensation in sexual harassment cases. If an employer loses a claim for sexual harassment, the employment tribunal will consider uplifting a claimant’s compensation by up to 25%, if they determine that the employer failed to take reasonable steps to prevent it. With compensation for discrimination/harassment being uncapped, this could be a significant sum of money.
While employer liability for third-party harassment (by clients, customers or members of the public) was initially considered, it won’t be part of the upcoming changes, though future governments may revisit this issue. Despite this, the new preventative duty will still require employers to take reasonable steps to prevent sexual harassment by any party, including third parties like customers, clients, or members of the public.
Examples of Sexual Harassment
The EHRC outlines the below behaviours when talking about unwanted conduct in the workplace:
- spoken words
- written words
- banter
- posts or contact on social media
- imagery
- graffiti
- physical gestures
- facial expressions
- mimicry
- jokes or pranks
- acts affecting a person’s surroundings
- aggression
- physical behaviour towards a person or their property
To add further context to this:
Comments – Sexual remarks about someone’s body or appearance, questions about their sex life.
Unwanted physical contact – Touching, hugging, or other physical actions against someone’s will.
Sexual jokes or content – Sharing or displaying offensive sexual jokes, images, or videos.
Sexual assault or rape – (Although this would also be dealt with in a court of law.)
It is important to note that even if the perpetrator claims the behaviour was intended as a joke or harmless “banter,” it can still be considered harassment if it has the effect of making someone uncomfortable.
Employers should remember it’s about the impact the behaviour, not its intention.
Who Can Experience Sexual Harassment at Work?
Anyone can be a victim of sexual harassment.
Sexual harassment doesn’t discriminate—it can happen to anyone, regardless of their gender, sexual orientation, or position within the company. Whilst it’s common to assume that harassment predominantly affects women, men and individuals of any gender identity or sexual orientation can also be victims. The key factor is that the behaviour is unwanted and harmful, creating an intimidating, hostile, or offensive work environment.
Harassment can come from a variety of sources. Colleagues are a common source, with inappropriate behaviour sometimes passed off as “jokes” or “banter” among peers. However, it can also come from supervisors or managers—those in positions of authority who may misuse their power to harass those they manage, making it even harder for victims to speak out for fear of retaliation or negative consequences for their career.
In some cases, harassment may not even originate from within the organisation. Clients, customers, or members of the public can also be perpetrators.
Why sexual harassment happens
Sexual harassment in the workplace usually boils down to a mix of power imbalances, workplace culture, and misunderstandings about what’s appropriate. At its core, it’s often about power—people in positions of authority sometimes abuse that power to intimidate or take advantage of others, thinking their role shields them from consequences. This is especially common in environments where there’s a clear hierarchy, making it difficult for those affected to speak up or challenge the behaviour.
Another key factor is the overall culture of the workplace. In some companies, inappropriate behaviour may be dismissed as “just joking” or not taken seriously, which sends a clear message: harassment won’t be dealt with. When complaints are ignored or brushed aside, it creates a space where harassment can continue unchecked, and employees feel powerless to stop it. A lack of enforcement or unclear policies only makes this worse, sending the message that inappropriate behaviour may be allowed.
Sometimes, harassment also happens because people simply don’t understand where the line is. They may think that certain comments or actions are harmless, or that flirtation is part of normal workplace interactions, without realising they’ve crossed into inappropriate territory.
On a broader level, societal attitudes can play a role too. Longstanding gender stereotypes or assumptions about power and relationships sometimes lead people to believe certain behaviours are acceptable, even when they’re not. For example, some may think teasing or flirtation is “normal” workplace behaviour when, in reality, it can easily become harassment.
In addition to power imbalances and workplace culture, certain industries and job roles are reported to be more prone to harassment. Over 70% of women in media, marketing, advertising, PR and sales reported having experienced some form of sexual harassment. Sectors that involve a high degree of client interaction or entertainment can create environments where boundaries are blurred, and inappropriate behaviour is more likely to occur. In these spaces, the pressure to maintain client relationships or project a certain image can make it even harder for employees to speak out against harassment.
Sexual harassment also disproportionately affects specific groups of workers. Part-time employees, younger staff members, lone workers, and those with protected characteristics—such as LGBTQ+ individuals—are often at higher risk.
Employers’ Responsibilities when it comes to Sexual Harassment at Work
Under the current and new legal framework, employers must take steps to prevent sexual harassment and address incidents if they occur. What constitutes “reasonable steps” will depend on the size and resources of the particular employer, the sector in which it operates, and the relevant working environment. However, there are many proactive measures employers can take to be able to demonstrate it has taken to fulfill this duty. These include
Clear (and accessible) guidance
Employers must create a clear and detailed anti-harassment policy that removes any confusion. This policy should clearly define what harassment looks like, including specific examples of unacceptable behaviour, so employees know exactly where the lines are drawn. It’s equally important to outline the steps employees can take to report any incidents, making sure they understand how to act if they experience or witness harassment. Everyone should feel empowered to speak up without hesitation.
Alongside clear guidance, employers should establish a regular review timetable for anti-harassment policies to keep them current and effective. This ensures alignment with legal changes and addresses evolving workplace risks.
Monitoring at Leadership level is also key. Senior management must review harassment reports and feedback to ensure policies are being enforced and identify any recurring issues. Doing this will demonstrate to the workforce that you’re taking a proactive commitment to a safe work environment.
Reporting procedures that people know and understand
A well-structured reporting process is a big part of enabling individuals to report unwanted conduct of this nature in the workplace. Employers should create clear grievance procedures. Giving individuals options to report anonymously, like “speak-up” systems/staff surveys, can make a significant difference. These practices allow employees to report their concerns without fearing retaliation or backlash from colleagues or line managers.
Employers also need to create procedures with multiple reporting channels that are clearly signposted, so employees know their options. Offering a choice—such as in-person reporting, an online platform, or a designated phone line with a trained individual, can make it easier for individuals to report issues in a way that feels comfortable to them.
On top of that, it’s also important for employers to outline how complaints will be investigated and ensure outcomes are fed back to the individuals involved.
Training on what’s not acceptable and raising awareness
Training shouldn’t be a one-off event. Employers must show an ongoing commitment to sexual harassment training. Doing this helps get your workforce on the same page. Everyone has a joint understanding of what constitutes appropriate behaviour and what won’t be accepted in your workplace. Employees will also know what they need to do to report any unwanted conduct and how to spot it, too.
Raising awareness of anti-harassment policies is also incredibly important. Line managers, in particular, should receive focused training. Employers need to feel confident that their managers can identify, challenge, and handle unfair treatment, including sexual harassment. Regular refresher training should also be planned in to keep awareness high.
Handling complaints and setting the tone
Turning a blind eye to complaints of sexual harassment can lead to serious issues for multiple reasons. First and foremost, employers have a responsibility to support employees who have experienced harassment and take steps to stop it. Ignoring these complaints also sets a concerning precedent; it signals to others that such behaviour is acceptable, creating a toxic workplace culture that no one will want to be part of. Investigating and addressing complaints with care, fairness, and confidentiality is key.
Undertaking risk assessments
Conducting risk assessments is a key step for employers in preventing sexual harassment. These assessments help identify potential risks arising from staff, customers, or other third parties. Factors like the presence of alcohol at events, lone working, work travel, and customer-facing roles can all increase the likelihood of harassment.
A good risk assessment will not only list these risks but also explore ways to reduce them. Employers should weigh up the potential costs of solutions, consider how effective they might be, and decide which steps to put in place. For example, limiting alcohol at work functions, providing safer travel options, or ensuring support for lone workers are all practical measures that could help.
Draft guidance from the EHRC emphasises that these assessments should also focus on risks posed by third parties—such as customers, clients, or even members of the public. It’s about understanding where risks might come from and taking proactive steps to address them. Each business will have its own specific risks, so it’s important to think about what proactive measures work for your organisation.
Getting Ready for the Legal Changes
Although the new Worker Protection Act won’t come into effect until 26th October 2024, it’s crucial for employers to start preparing now. Here’s how you can get ahead:
Review your policies
Take the time to assess your existing policies and ensure they are up-to-date and compliant with the changes ahead. This means not only reviewing your anti-harassment policies but also checking that your reporting procedures are clear and accessible. Consider whether your current language and examples resonate with employees and reflect the seriousness of the issue.
The policies that may be impacted by the changes to sexual harassment include:
- Harassment
- Alcohol & drugs
- Social media
- IT & mobile phone
- Non-disclosure clauses and agreements
- Working with third parties
- Work travel (domestic and international)
- Lone working
- Relationships at work
Train everyone (not just managers)
Begin planning for in-depth training sessions for both employees and management. These sessions should go further than just ticking a box; they need to emphasise the importance of preventing harassment and how to create a supportive environment. Make sure training is interactive and engaging, allowing employees to discuss real-life scenarios and understand the impact of their actions. Regular refreshers can keep this critical issue top of mind.
Build a ‘zero-tolerance’ culture
Employees are far more likely to report issues if they feel confident that their concerns will be taken seriously and addressed in the right way. Make it clear that harassment in any form will not be tolerated. This involves leaders and managers to model the right behaviours to the rest of the business.
The importance of proactive prevention of sexual harassment
Adopting a proactive approach to preventing sexual harassment means that employers do more than just reduce legal risks; they can also significantly improve the overall work environment. A workplace that prioritises safety and respect leads to so many more positives:
- Increased morale
When employees feel safe and respected, their morale naturally rises. They’re more likely to engage positively with their work and colleagues, leading to a better atmosphere. A supportive environment helps individuals feel valued, which boosts their confidence and encourages collaboration. Employees who know they can voice their concerns without fear are more likely to contribute their ideas and participate actively in the workplace (think psychological safety).
- Less employee churn
A commitment to preventing harassment can hugely reduce employee turnover rates. When employees see that their wellbeing is top of your list, they are less likely to want to jump ship. High turnover can be expensive—not just in terms of recruitment and training expenses but also due to the loss of valuable knowledge. Providing a safe space will mean that companies retain their best people, which can only mean good things in the long-run.
- Get more done
A respectful workplace really boosts productivity. When employees aren’t worried about harassment or dealing with a negative atmosphere, they can concentrate on what they do best. In a culture of respect, people feel valued and supported by their teammates and managers, which motivates them to give their all. This kind of environment not only sparks creativity and innovation but also encourages collaboration among teams, allowing everyone to work together more effectively. Ultimately, when people feel safe and respected, they can focus on doing great work.
- Avoid legal issues
Taking a proactive stance on preventing sexual harassment isn’t just about creating a better workplace—it’s also a key part of staying on the right side of employment law. And, you can reduce the risk of legal claims by showing you’re committed to protecting your employees and having solid policies in place. If an incident does occur, you can demonstrate that you took reasonable steps to prevent it, which can make a big difference in how a situation is handled legally. Plus, staying compliant with new legislation and guidelines helps protect your company from costly tribunal compensation awards.
- Attract the best people
Creating a safe and respectful workplace is a big draw for prospective employees and can give you a huge competitive edge when it comes to attracting the best people for your organisation. The best candidates wants to work somewhere they feel protected, and a strong anti-harassment stance can set you apart from other employers. Individuals are more likely to choose your company over others when people know that their wellbeing is taken seriously.
- Enhance reputation, inside and out
A business that actively works to prevent harassment builds a positive reputation, not just internally, but externally, too. Employees will feel proud to work for a company that promotes respect and safety (leading to higher job satisfaction and stronger loyalty). Externally, being seen as a responsible employer can boost your brand image, attract new customers or clients, and even create new business opportunities. Simply put, a good reputation for taking care of your people goes a long way in building trust both within the company and further afield.
How we can help
We understand that dealing with sexual harassment prevention can feel overwhelming. That’s why we’re here to make it easier for you.
Whether you’re looking to set up a clear anti-harassment policy, provide effective training created just for your team, or create a culture of respect in your workplace, we’re here to help.
We can take a close look at what you currently have in place, establish clear reporting procedures, and get you ready for the changes.
Call our friendly team today on 0330 223 5253.
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