Identifying Sexual Harassment | Workplace Guide | Skillcast

Increased media attention is putting a spotlight on the issue of sexual harassment in the workplace. Has your company had the wake-up call?

Sexual harassment is a serious and pervasive issue that undermines workplace harmony, affects productivity, and can lead to significant emotional and legal repercussions. Understanding its forms, implications, and how to address it is essential for fostering a respectful and inclusive workplace.

What is sexual harassment?

Sexual harassment refers to any unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, or offensive environment. It can manifest in various ways, including:

• Verbal: Inappropriate remarks about someone’s appearance, sexual jokes, or persistent unwelcome advances.
• Non-verbal: Displaying offensive materials, sending explicit emails or messages, or making suggestive gestures.
• Physical: Unwanted touching, hugging, or physical assault.

Under UK law, the Equality Act 2010 explicitly prohibits sexual harassment. The focus is not on the intent of the perpetrator but the impact on the recipient, making it essential for organisations to take complaints seriously and act swiftly.

Additionally, sexual harassment can overlap with other forms of discrimination, such as gender, race, or age discrimination, further compounding its effects. A nuanced understanding of these intersections can help organisations better address and prevent such issues.

What is the Equality Act 2010?

For businesses in the UK, the Equality Act 2010 clarifies the rights of those who believe they've encountered harassment. It also clarifies the rights of those they're accusing of harassment. The Act defines harassment as "…behaviour which causes alarm or distress".

In a sexual harassment context, this is specifically defined as behaviour that either violates an individual's dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. A person can be in breach if their behaviour intends to cause these reactions.
This behaviour is a serious matter, given that harassment is discrimination under the Act.

The Act also imposes a duty on employers to stop such behaviour when identified. Failure to do this effectively may end in an employment tribunal claim unless the employer can demonstrate they took reasonable steps to prevent harassment.

It's important to respond to allegations quickly, sympathetically and impartially - no matter how senior the position of the accused individual. In terms of policies and procedures, you also need to have a sexual harassment policy in place.

What is the Worker Protection Act 2023?

The Worker Protection Act 2023 came into force on 26 October 2024. This act is an amendment to the Equality Act 2010, which aims to strengthen existing protection against sexual harassment at work. Employers will need to 'take reasonable steps' to ensure the protection of employees against sexual harassment.

The new duty to prevent sexual harassment in the UK will be enforceable by employment tribunals. If an employer breaches this duty, compensation for victims can increase by up to 25%. Given that the average sex discrimination award in 2022 was £37,607, this uplift can be significant.

Employers should take steps to comply with this obligation, especially those with customer-facing employees, due to the reinstated liability for third-party harassment. Beyond defending themselves by proving they took reasonable steps, organisations should support vulnerable employees.

By October 2024, employers should implement measures such as maintaining a harassment complaint register while ensuring data protection, identifying and mitigating harassment risks for different roles, updating and promoting anti-harassment training, and installing visible signs to report harassment.

Our recent webinar saw partners from Clyde & Co, Chris Fletcher and Chris Holme, with the Group Head of HR at Walker Crips, Kameka McLean, unpack the prevention of sexual harassment at work. This discussion revolved around the new positive duty on employers to prevent sexual harassment, third-party harassment and liability and compensation uplift.

Recognising the signs of sexual harassment

Recognising sexual harassment can be challenging, especially in environments where inappropriate behaviour has become normalised. Key signs include:

• Repeated unwelcome behaviour: A pattern of inappropriate comments, jokes, or actions that continue despite objections.
• Power dynamics: Situations where someone in authority uses their position to intimidate or exploit others.
• Creating a hostile atmosphere: Behaviours that make individuals feel unsafe, uncomfortable, or unable to perform their duties effectively.

In the UK, workplace harassment often remains underreported due to fears of retaliation or not being taken seriously. Employers must actively combat these barriers by fostering trust and ensuring employees feel safe to report issues.

Impacts of sexual harassment

The effects of sexual harassment extend beyond the individual to the entire organisation:

• Individuals - Victims may experience stress, anxiety, depression, and decreased job satisfaction. It can also impact their professional growth and personal relationships.
• Organisations - Companies risk legal liability, reputational damage, reduced employee morale, and higher staff turnover. In severe cases, it can lead to costly settlements and regulatory scrutiny.

The Equality and Human Rights Commission (EHRC) in the UK highlights that organisations must not only address complaints but also actively promote an inclusive culture to mitigate these risks.

Steps to address sexual harassment

To create a workplace free from harassment, organisations must adopt a proactive and structured approach:

1. Education and awareness: Providing regular training to employees and managers helps them recognise and address inappropriate behaviour. Awareness campaigns can reinforce organisational values and expectations. For example, interactive training sessions can simulate real-world scenarios to better prepare staff for identifying and responding to harassment.
2. Developing clear policies: A zero-tolerance policy on sexual harassment should clearly outline unacceptable behaviours, reporting procedures, and consequences for violations. Ensure these policies are easily accessible to all employees and include guidance tailored to specific sectors or roles.
3. Confidential reporting channels: Establish multiple avenues for employees to report incidents without fear of retaliation. Anonymous reporting options can also encourage those hesitant to come forward. Employers may consider an independent external reporting system to enhance trust.
4. Investigating complaints promptly: Address complaints seriously and conduct thorough investigations. Involve neutral parties to ensure fairness and objectivity. Prompt action not only resolves the issue but also signals a strong commitment to employees’ well-being.
5. Providing support for victims: Offering access to counselling, employee assistance programmes, and peer support groups can help victims recover and feel valued by their organisation. Employers may also consider offering mediation services to resolve issues where appropriate.

The role of leadership in preventing sexual harassment

Leadership plays a crucial role in preventing and addressing sexual harassment. Managers and senior staff should:

• Lead by example: Demonstrate respectful behaviour and zero tolerance for harassment.
• Encourage open communication: Create an environment where employees feel comfortable discussing concerns.
• Act decisively: Address any allegations or complaints promptly and fairly, showing a commitment to maintaining a safe workplace.

Learn more about sexual harassment in the workplace

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