An employer’s guide to Sexual Harassment in the Workplace

Sexual harassment in the workplace refers to any unwanted behaviour of a sexual nature while in a working environment. It can include sexual comments, physical touch or sharing explicit images without consent.

While sexual harassment often aims to humiliate or degrade, it's important to remember that the perpetrator's intent isn't always the key factor. If it's reasonable to think that their behaviour would make someone feel this way, then this is classed as sexual harassment.

With 45% of UK businesses unaware of the changes coming into play, it’s essential that sexual harassment in the workplace is understood at a company-wide level.

Sexual harassment at work examples  

It's vital for an employer to recognise the signs of sexual harassment at work so they can manage them accordingly. Below are some examples of sexual harassment at work:

• Unwelcome sexual advances 
• Sexual comments or jokes  
• Spreading rumours of a sexual nature
• Request for sexual favours 
• Sharing explicit images to those around you

It's also important to note that some of these examples may not be overtly obvious to someone observing the situation – highlighting that certain behaviour which can be classed as sexual harassment is not always what we might expect. The nuance surrounding what is classed as sexual harassment at work cannot be understated and each circumstance should be reviewed independently. 

Under the Equality Act 2010, the measure has been viewed as reactive rather than proactive, as it required employers to take ‘all reasonable steps’ to prevent sexual harassment in the workplace. There are also moral responsibilities that come with managing a workforce, including creating a safe and respectful environment for all employees. 

The recent legal enforcement of the Worker Protection Act introduces a new dimension to these obligations, which outlines a mandatory legal duty for employers to proactively prevent sexual harassment of their employees.

The Worker Protection Act 2023, which is an amendment of the Equality Act 2010, states that employers must be proactive in preventing sexual harassment of their workers. This includes third-party harassment. The CIPD has provided some useful information surrounding this but below is a short summary of the guidance included in the Act:

• Creating and sharing an anti-harassment policy if one is not already in place
• Outlining responsibilities for preventing and handling occurrences of sexual harassment at work
• Offering training to all staff including senior team members and managers so a top-down approach can be actioned

It is the responsibility of the employer to prevent sexual harassment in the workplace. However, the new law puts forward a framework which means that employers are no longer just responsible for responding to complaints of harassment but must also actively work to create a workplace environment free from such behaviour.

How to deal with a report of sexual harassment?

When a report of sexual harassment is made, it is imperative for the complaint to be taken seriously and handled with care. While each complaint must be handled on a case-by-case basis, the following points should be actioned:

• Prompt investigation: Conduct a thorough and impartial investigation into the complaint, involving appropriate individuals and following established procedures.
• Confidentiality: Maintain confidentiality throughout the investigation process 
• Support for the complainant: Offer support and assistance to the complainant, including access to counselling or other resources.
• Appropriate action: If the complaint is substantiated, take appropriate disciplinary action against the perpetrator, up to and including termination of employment.

Consequences for getting it wrong 

There are several consequences that can come about from mishandling a complaint of sexual harassment in the workplace and not following the duty set out by the new legislation. These consequences can include:

• significant financial penalties
• damage to the company's reputation
• loss of employee morale and productivity
• legal action from the affected employee or regulatory bodies

Additionally, mishandling a complaint can perpetuate a hostile work environment, discouraging other employees from coming forward.

While employers should have policies in place to protect their workforce, now is the time to be proactive and vigilant in making sure that the workplace is a safe and inclusive environment for all employees. Employers should consider the following actions.

Provide training opportunities

Providing regular training which is updated in line with any new regulations will ensure that employees are kept up to date with the policies while understanding how to stay compliant.

Training should cover topics such as:

• Defining sexual harassment: Clearly explain what constitutes sexual harassment, including both physical and verbal behaviours.
• Understanding the impact of harassment: Discuss the negative consequences of sexual harassment on individuals and the workplace.
• Recognising and reporting harassment: Teach employees how to identify signs of harassment and encourage them to report incidents promptly.

Be clear on your workplace policies (including third party harassment) 

By reviewing current contracts, policies and procedures, you can make sure that you are following them correctly and keeping your business compliant with the new law. This includes:

• Reviewing employment contracts: Ensure that employment contracts include clauses prohibiting sexual harassment and outline the consequences of violating these policies.
• Updating policies and procedures: Make sure that your policies and procedures are up-to-date and reflect the new legal requirements.
• Addressing third-party harassment: Develop policies and procedures to address harassment by third parties, such as customers or contractors.

Create a company culture of respect and openness 

 A company culture that values respect, inclusivity, and openness is essential for preventing sexual harassment. This can be achieved by:

• Leading by example: Senior management should demonstrate a commitment to creating a harassment-free workplace.
• Promoting a culture of respect: Encourage employees to treat each other with respect and dignity.
• Celebrating diversity: Promote diversity and inclusion initiatives to create a welcoming and inclusive workplace.

If employees feel confident and empowered to call out some of the behaviour in the right way, and early on, it might help employers to address it more effectively.

Under the new sexual harassment legislation UK, now is the time to take sexual harassment seriously as an organisation. By providing your organisation with the right training, as well as outlining the correct policies and procedures, you can create a culture of respect and ensure that managers will handle any report of sexual harassment correctly.

Our Bullying and Harassment Training goes beyond just outlining legalities, aiming to showcase the human impact of bullying and harassment, ultimately promoting a culture of respect and inclusivity.

Watch the video below to find out more.