Employment Law Changes 2024: Preventing Sexual Harassment In The Workplace

Understanding the law around sexual harassment is more prevalent than ever as we see the introduction of the ‘Workers Protection (Amendment of Equality Act 2010) (Act 2023)’ – essentially a piece of sexual harassment legislation, on 26 October 2024.

What is sexual harassment?

The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them; and whether it is intended or not.

This can be in work or outside of work. It can be in various forms, such as verbal, non-verbal, written and physical. It no longer needs to be in person and can happen online too.

Examples of harassment of sexual nature:

• Sexual comments or references about a person’s body, shape, clothing, general appearance and demeanour.
• Spreading rumours of a sexual nature
• Calling at another person, making sexual noises, gestures and wolf-whistles
• Inappropriate and unwanted touching, slapping, pinching, caressing, hugging and kissing
• Asking personal questions of a sexual nature about someone’s sex life, preferences etc
• Telling sexually explicit or offensive jokes and innuendos
• Inappropriate and unwanted flirting, sexual advances and constantly harassing someone for a date or to spend time with them
• Sexual assault, rape and stalking
• Indecent exposure and flashing
• Sharing pornographic or sexual images, and taking videos and photographs without consent
• Promises rewards in exchange for sexual favours

Sexual harassment at work

Everyone has the legal right to feel safe at work. If the employer doesn’t deal with sexual harassment in the workplace properly it can have a long-term and damaging affect on the employee and their mental health.

Sexual harassment can happen between colleagues in the office, or from an external party. It can also occur in different social settings, including the home, school and religious institutions.

Harassment at work may be considered illegal when it is frequent and severe, which creates a hostile working environment. 

Sexual harassment by a third party

The Bill would also make employers liable for a third party who harasses and employee. The employer needs to demonstrate they have taken reasonable steps to prevent this.

The Equality and Human Rights Commission presently covers third party harassment but the new Bill will give the employee the right to make a claim against the employer for compensation for this harassment.

What counts as a workplace?

The workplace place is anywhere that specifically involves the employer, such as the office, a work social engagement, a client event, a work vehicle or messaging between colleagues.

Employee rights

If you have been subjected to harassment, you can raise a grievance by following the grievance procedure at work. Sometimes this includes reporting the issue to HR or your line manager. However,  if it is your line manager who is behaving inappropriately, then you can report it to their line manager.

The employer has a duty to investigate the issue regardless of who the perpetrator maybe.

In certain situations it may be possible to maintain anonymity, but this could become problematic and you should be encouraged to discuss this with your internal HR department or HR consultancy. 

What if the incident was a long time ago?

Regardless of the length of time which has passed before the incident was reported, the employer should take the allegation seriously and investigate when necessary.

What does the new legislation mean to employers? 

The new legislation will:

1. Impose a requirement for employers to demonstrate they have taken ‘reasonable steps’ to prevent sexual harassment
2. Give employment tribunals the power to apply an uplift of 25% of ET claims where employers are found to be in breach (i.e. no policy or actions)
3. See the Equality and Human Rights Commission publishing a statutory code on sexual harassment

What are the requirements for the employer?

Employers will be required to:

• Demonstrate that leadership down are living the values and behaviours of respect, dignity and inclusion
• Apply measures in place to prevent ‘sexual harassment’ for their employees
• Demonstrate they have effective systems and monitoring in place as of 26th October 2024 
• Train people managers within one month of the legislation being in force and support provided
• Carry out risk assessments on the organisation
• Update policies, procedures and staff handbook (ensuring routes of reporting and investigation procedures are clear, plus monitoring and review)
• Communicate and raise awareness, ensuring that all staff are made aware
• Keep detailed records for up to 3 years, and be readily available upon staff requests

How can an employer prevent sexual harassment in the workplace?

In a ‘nutshell’ employers should:

1. Ensure that your organisation has HR policies and procedures are up to date, and include the requirement to investigate, monitor and review and carry out risk assessments
2. Seek out training for any individual who manages people  in your organisation
3. Train their people managers within one month of the legislation coming into force

What training do managers need to undertake?

Managers should undertake training which is aimed at people managers and covers all aspects of sexual harassment in the workplace. 

Any training you enrol with should ensure your people managers have the know-how to identify, report and prevent sexual harassment in the workplace. The course should cover:

• An understanding of sexual harassment in the workplace
• How to prevent sexual harassment at work
• How to better identify and address cases of sexual harassment at work
• The know-how to properly report sexual harassment in the workplace