Sexual Harrassment
by Karen - 14:36 on 15 August 2024
Starting on October 26, 2024, employers will have a new responsibility to actively prevent sexual harassment in the workplace. The updated guidance clarifies that this duty also applies to preventing sexual harassment by third parties, like self-employed contractors, customers, and clients.
So, what exactly is sexual harassment?
Sexual harassment happens when someone is subjected to unwanted sexual behavior that either violates their dignity or creates an environment that feels intimidating, hostile, degrading, humiliating, or offensive. If someone is treated worse because they either accepted or rejected such behavior, that’s also considered sexual harassment.
What are employers currently required to do?
Workers can file sexual harassment claims against their employers because employers are responsible for the actions of their employees when harassment happens "in the course of employment," even if the employer didn’t know about or approve of those actions. Employers usually defend themselves by proving they’ve taken “all reasonable steps” to prevent harassment.
What counts as “reasonable steps”?
The draft guidance explains that what's considered reasonable will differ based on the size of the employer, the industry they’re in, and the specific risks in their workplace. Some examples of reasonable steps you could take include:
- Having a clear sexual harassment policy.
- Training all staff on what sexual harassment is, what behavior is unacceptable, and how they can stay safe.
- Assessing the risk of harassment happening in the workplace.
- Fostering a transparent work culture where employees feel safe to speak up without fear of not being taken seriously.
- Establishing a clear procedure for reporting concerns and outlining what steps will be taken next.
- Communicating that the business has a zero-tolerance approach to harassment.
This list isn’t exhaustive—measures should be tailored to each organization and regularly updated.
What if an employer doesn’t comply with the new duty?
Once the new duty is in place, anyone can file a complaint with the Equality and Human Rights Commission (EHRC), which has the power to take action against your business. No specific allegations of sexual harassment are needed to make this complaint.
If a sexual harassment claim goes to an employment tribunal, the tribunal will consider whether and to what extent the employer complied with the preventative duty. If the tribunal finds that the duty was breached, they could increase the compensation awarded by up to 25%.
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