New UK sexual harassment laws: what employers must know
According to a poll carried out by the TUC over 1000 women in 2023, three in five women have said they have experienced sexual harassment, bullying or verbal abuse at work.
Sexual harassment can deeply affect an employee's mental and physical well-being, disrupting both individual productivity and the overall workplace culture.
What is sexual harassment in the workplace?
In the UK, sexual harassment in the workplace is defined under the Equality Act 2010. It occurs when someone engages in unwanted conduct of a sexual nature that violates the dignity of a worker or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
The key aspects include:
- Unwanted conduct: This refers to behaviour that the recipient did not invite or welcome and finds distressing or offensive. It can be verbal, non-verbal, or physical.
- Sexual in nature: The conduct must be of a sexual nature, such as inappropriate comments, sexual advances, touching, or suggestive gestures.
- Impact on the individual: The behaviour must have the purpose or effect of violating the individual's dignity or creating an intimidating, hostile, or offensive environment.
Sexual harassment can be perpetrated by anyone in the workplace—colleagues, managers, clients, or others—and applies to all workers, regardless of their gender.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26th October 2024. This important legislative update reinforces the responsibility of employers to prevent sexual harassment in the workplace.
Under this updated act, all employers are required to take 'reasonable steps' to prevent sexual harassment from occurring. This duty applies during the entire course of an employee's time at work, signalling a clear shift toward proactive prevention rather than just reactive measures. Employment tribunals will have the authority to uplift compensation by 25% if employers have been found to have breached the new duty.
Employers will be expected to:
- Create and communicate clear anti-harassment policies
- Engage employees, through surveys, 1-2-1's, etc, to ensure they are aware of the policy, how they can report sexual harassment, and the implications of breaching the policy.
- Carry out regular risk assessments to establish where sexual harassment could occur
- Train all employees, on how to recognise sexual harassment, what to do if they experience or witness it, how to handle complaints of sexual harassment.
- Ensure third-party harassment (eg, from customers, suppliers) is recognised and dealt with as seriously as by that of a colleague.
The new sexual harassment legislation is more than just a set of rules—it's a critical step toward creating workplaces that prioritise dignity and respect for all employees. It sends a clear message that harassment in any form will not be tolerated, and it empowers individuals to speak up without fear of retaliation.
For more information or support contact Kestrel HR to arrange an initial chat.
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