Over 75 nations have passed laws outlawing workplace sexual harassment, which is often denounced as human rights violations and sex discrimination. Workplace sexual harassment reduces job satisfaction and productivity while raising absenteeism and turnover.
However, it is still widespread and goes unreported, and neither legal restrictions nor economic incentives have been able to eradicate it. The strategies that appear to have the most potential for eliminating sexual harassment include robust workplace regulations that forbid sexual harassment, workplace training, and a complaints procedure that shields employees from revenge.
Furthermore, we are aware that it is still widespread despite this. Sexual harassment is defined as any behaviour that causes offense, regardless of whether the perpetrator claims to have intended to offend. It does not include simple jokes, banter, or flirtation.
This article delves into the complexities of sexual harassment, exploring its forms, consequences, and the steps organisations can take to prevent and address it effectively.
Table of Contents
What is sexual harassment in the workplace?
In the UK, sexual harassment in the workplace is any unwanted sexual behaviour that injures someone’s dignity or fosters an environment that is threatening, hostile, demeaning, humiliating, or insulting. Sexual harassment is regarded as illegal discrimination under the Equality Act 2010 and employers are required by law to stop it.
This conduct can be expressed verbally or physically, in person, online, or through other channels of communication. It can also take many different forms. It is important to understand that sexual harassment can occur in the workplace with customers, clients, and other individuals as well as between employees.
What are some examples of sexual harassment?
Sexual harassment can manifest in various ways, including but not limited to:
1. Unwanted Physical Contact: This can involve giving someone a hug, kissing, caressing, or engaging in any other physical contact that unnerves them. It also includes more serious behaviours that might have major legal repercussions, such as groping or assault.
2. Inappropriate Comments or Jokes: Sexual harassment includes rude or derogatory remarks about someone’s gender, sexual orientation, or attractiveness. This can include jokes that are overtly sexual, remarks that make fun of someone’s appearance, or provocative statements that make the workplace uncomfortable.
3. Displaying Inappropriate Materials: Harassment might include persistent demands for dates, sexual favors, or other romantic advances that are met with resistance from the target of the request. This is especially dangerous if these advancements are linked to claims of professional growth or warnings about potential negative effects on one’s employment.
4. Sexual Advances or Propositions: Persistent requests for dates, sexual favours, or any romantic advances that are unwelcome by the recipient can be considered harassment. This is particularly serious when these advances are tied to promises of career advancement or threats of job-related consequences.
5. Leering or Staring: Harassment also includes staring at someone in a way that makes them feel uneasy or like an object. Even though this behaviour is occasionally subtle, it should be addressed because it can lead to a hostile work environment.
6. Verbal Abuse or Threats: Sexual harassment is any verbal abuse that has a sexual undertone, such as threats, intimidation, or disparaging remarks. This may seriously affect the targeted person’s mental health and cause discord at work.
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Range Of Sexual Behaviour Considered “Sexual Harassment”
1. Verbal Sexual Harassment
2. Non-Verbal Sexual Harassment
3. Physical Sexual Harassment
6. Hostile Work Environment
Sexual Harassment Law for Employers and Employees in the UK Workplace
The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
This can include a range of behaviours, from physical actions such as unwelcome touching to verbal remarks, jokes, and non-verbal gestures. The key aspect is that the behaviour is unwanted and that it affects the individual negatively.
Sexual harassment can also occur when an individual is treated less favourably because they have either submitted to or rejected such conduct.
For example, if an employee is passed over for a promotion because they refused the advances of a superior, this would be considered sexual harassment under the law.
Employer Responsibilities
Under UK law, employers are vicariously liable for acts of sexual harassment committed by their employees during employment, unless they can demonstrate that they took all reasonable steps to prevent such behaviour.
This means that employers must proactively address sexual harassment through clear policies, regular training, and effective complaint-handling procedures.
1. Policies and Training: Employers are required to establish clear anti-harassment policies that define what constitutes unacceptable behaviour, the process for making a complaint, and the consequences of such actions.
These policies must be communicated to all employees and supported by regular training sessions to ensure that everyone understands their rights and responsibilities.
2. Complaint Handling: Employers must have a robust procedure in place for handling complaints of sexual harassment. This includes providing multiple channels for employees to report incidents, ensuring confidentiality, and taking immediate action to investigate and address the complaint. Failure to do so can result in legal action against the employer.
3. Reasonable Steps Defense: Employers can defend against claims of sexual harassment by demonstrating that they took all reasonable steps to prevent harassment from occurring. This includes having effective policies and training in place, promptly investigating complaints, and taking appropriate disciplinary action when necessary.
Employee Rights and Responsibilities
Employees in the UK have the right to work in an environment free from sexual harassment. If they experience or witness harassment, they are encouraged to report it to their employer through the appropriate channels.
The law protects employees from retaliation for making a complaint, ensuring that they can speak out without fear of negative consequences.
1. Reporting Harassment: Employees should report any incidents of sexual harassment to their employer as soon as possible. This can be done through formal complaint procedures or, in some cases, through informal conversations with a manager or HR representative. Employees are also protected from victimisation for making a complaint, which means they cannot be treated unfairly for raising the issue.
2. Legal Recourse: If an employer fails to take appropriate action in response to a complaint, or if the harassment continues, employees have the right to take their case to an employment tribunal. Tribunals can award compensation for emotional distress and financial loss and may also order the employer to take specific actions to prevent further harassment.
3. Confidentiality: Employees have the right to expect that their complaint will be handled confidentially and that only those who need to know about the incident will be informed. Employers should ensure that they respect this confidentiality to protect the privacy of all parties involved.
New UK Sexual Harassment Law for Workplace 2024
This new “preventative duty” represents a proactive shift in addressing harassment and ensuring that all employees feel safe and respected at work.
Previously, employers were not legally obligated to take proactive measures to prevent sexual harassment. The new law changes this by introducing a legal duty for businesses to identify and mitigate potential risks of harassment.
This includes harassment by third parties, such as customers or contractors, in addition to incidents involving co-workers. Employers must develop policies, implement preventative measures, and take timely action when harassment occurs.
If an employment tribunal finds that an employer failed to fulfill their preventative duty, compensation awarded in harassment cases can now be increased by up to 25%, depending on the severity of the breach. This aims to ensure accountability and encourage organisations to prioritise preventative measures.
Guidance for Employers
To support the implementation of the new law, the Equality and Human Rights Commission (EHRC) and Acas have released updated guidance. These resources help employers understand their responsibilities and offer practical steps to create safer workplaces. Key recommendations include:
Employers should create a clear, comprehensive anti-harassment policy that includes provisions for third-party harassment. This policy must be well-communicated to all staff to ensure awareness and compliance.
Regular workplace risk assessments can identify potential harassment risks. Employers are advised to review these risks periodically and implement measures to address vulnerabilities.
Employers should actively engage with staff through one-on-one meetings, surveys, and exit interviews to understand workplace dynamics and identify potential issues early.
To ensure effectiveness, businesses should continuously monitor the outcomes of their preventative measures and refine their approach based on feedback and incident analysis.
To know more about updated sexual harassment law 2024, read this: What is The Difference Old Law and New Law
Criminal Law Is Broken by Sexual Harassment
In the UK, there are specific situations when sexual harassment at work can violate both criminal and civil rights laws. When bullying involves actions that are illegal in the UK, like sexual assault, stalking, or other types of sexual violence, it becomes a criminal offence rather than a civil one.
For both employers and victims, it is imperative to recognise the point at which sexual harassment exceeds this boundary because the penalties are much harsher.
One of the clearest instances where sexual harassment becomes a criminal matter is when it involves sexual assault. Sexual assault is defined under the Sexual Offences Act 2003 as intentionally touching another person in a sexual manner without their consent. This includes groping, unwanted kissing, or any other form of physical contact that is sexual in nature.
The law in the UK is stringent on this matter, with penalties ranging from fines to imprisonment. According to the Office for National Statistics (ONS), there were over 67,000 reported cases of sexual assault in England and Wales in 2020 alone, indicating the gravity of this issue.
Stalking, which often involves repeated and unwanted attention, can also escalate from civil to criminal law. If the behaviour causes the victim to fear violence or suffer serious alarm or distress, it is considered a criminal offence under the Protection from Harassment Act 1997. This can include persistent messaging, following someone, or other forms of invasive behaviour.
In 2019, the Crown Prosecution Service (CPS) reported that over 2,000 individuals were prosecuted for stalking offences in the UK, highlighting the seriousness with which these cases are treated.
Indecent exposure and voyeurism are other forms of sexual harassment that are criminalised under UK law. Indecent exposure involves deliberately exposing one’s genitals with the intent to cause alarm or distress, and it is punishable under the Sexual Offences Act 2003. Voyeurism, which involves observing someone without their consent in a private act, is also a criminal offence.
The Criminal Justice and Courts Act 2015 further expanded the definition of voyeurism to include ‘upskirting,’ which has become a notable concern in recent years. In 2019, the CPS brought nearly 600 prosecutions for voyeurism, indicating a growing awareness and enforcement of these laws.
With the rise of digital communication, online sexual harassment has become increasingly prevalent, and certain behaviours in this realm can also breach criminal law. This includes sending unsolicited explicit images, making threats of sexual violence, or engaging in cyberstalking.
The UK’s Malicious Communications Act 1988 and the Communications Act 2003 address such offences, with penalties including imprisonment and substantial fines. The 2021 Ofcom report highlighted that online sexual harassment is a growing concern, particularly among younger populations, necessitating stricter enforcement of these laws.
When sexual harassment breaks criminal law, the implications extend beyond the individual perpetrator. Employers may also face legal consequences if they fail to prevent or address criminal harassment within the workplace. Under the Health and Safety at Work Act 1974, employers have to protect their employees from harassment, including criminal acts.
Failure to do so can result in both civil and criminal liability, making it imperative for organisations to implement robust anti-harassment policies and training.
Who Is Protected From Sexual Harassment At The Workplace?
Let’s see who is protected from sexual harassment at workplace.
1. Employees and Workers
The Equality Act 2010 provides clear protection against workplace sexual harassment for employees. All people who are considered employees are covered by this protection, regardless of their employment status—full-time, part-time, temporary, or permanent.
Employees who carry out work or provide services by an agreement but do not have a formal employment contract are likewise covered.
Workers on zero-hour contracts, agency employees, and casual labourers all fall under this category. Around 3.6 million persons in the UK were either self-employed or worked in other non-standard ways in 2021, according to the Office for National Statistics (ONS). These individuals are all covered by the Act and are entitled to protection.
2. Apprentices and Trainees
Another category that is shielded from sexual harassment is trainees and apprentices. Legal protections are essential because these people, who are sometimes just starting their professions, are susceptible to exploitation and harassment.
Whether or whether they have a formal job, the Equality Act guarantees that trainees and apprentices cannot be the victims of sexual harassment while undergoing training or gainful employment. These young employees must be protected from workplace harassment because the UK government is committed to growing apprenticeship programs.
3. Job Applicants
The prohibitions against sexual harassment also apply to job applicants. It is illegal for employers to harass job seekers sexually when they are applying. This includes making provocative remarks, asking improper questions during interviews, or engaging in any other unwanted behaviour that can make the applicant feel uncomfortable.
According to the Equality Act of 2010, an individual has the right to a workplace free from harassment as soon as they apply for a job.
4. Freelancers and Independent Contractors
Freelancers and independent contractors, although not traditionally viewed as employees, are still protected under UK law. The Equality Act covers all individuals who provide services personally, regardless of their employment status.
This means that even if someone is contracted for a specific task or project, they have the right to work in an environment free from sexual harassment. As the gig economy grows, with an estimated 4.7 million gig workers in the UK as of 2021, this protection becomes increasingly significant.
5. Volunteers and Interns
Even though they might not be paid for their labour, volunteers and interns have the right to be shielded from sexual harassment. Given their potential vulnerabilities and the value they bring to organizations, the Equality Act of 2010 makes sure that these people are protected.
Fair and equal working standards require that internships and volunteer work, which are frequently used as stepping stones to permanent employment, be free from harassment.
6. Third-Party Protections
The Equality Act offers rights against third-party harassment in addition to direct employment and workers. This implies that companies may be held accountable if they fail to take appropriate action to stop sexual harassment of an employee occurring from someone other than a coworker, such as a client, customer, or supplier.
This increase in liability emphasises the significance of a thorough strategy that addresses all forms of inappropriate behaviour in order to prevent harassment.
How can We Respond to a Complaint of Sexual Harassment?
Here are some ways you can respond to a complaint of sexual harassment:
1. Immediate Response
It is critical to take immediate action upon receiving a report alleging sexual harassment. Employers need to make sure that the person filing the complaint feels heard and supported and that their issue is addressed right away.
At this point, maintaining confidentiality is crucial to safeguarding the privacy of the accuser as well as the complainant. It’s critical to refrain from doing any acts that can be interpreted as retaliatory or that might make the situation worse, such as having an open discussion about the complaint at work.
Companies should also make sure the complainant is aware of the next steps in the process and provide them with access to support services like counselling or employee assistance programs. Maintaining trust is greatly dependent on this first answer, which also sets the tone for how the issue will be handled.
2. Conduct a Thorough Investigation
The first step in handling a sexual harassment allegation is conducting a comprehensive and unbiased investigation. To ensure objectivity, employers should designate an outside investigator or an experienced HR specialist to conduct the investigation.
By speaking with the complainant, the accused, and any witnesses, as well as by going over any readily available material, like emails, messages, or CCTV footage, the investigator must compile all pertinent information.
Both the complainant and the accused should be allowed to submit their cases, and the inquiry should be carried out fairly and with respect for all parties. The Advisory, Conciliation and Arbitration Service (ACAS) in the United Kingdom offers principles for conducting workplace inquiries that are both unbiased and thorough.
3. Interim Measures
During the investigation, it may be necessary to implement interim measures to protect the parties involved and prevent further issues. These measures could include temporarily relocating one of the parties, adjusting work schedules, or placing the accused on leave.
These actions should be taken with care to avoid prejudging the outcome of the investigation, while also maintaining a safe and respectful work environment.
4. Reaching a Conclusion
After the inquiry is finished, the employer has to choose the best course of action based on what was discovered. If the allegation is validated, the offender should face disciplinary action, which, depending on how serious the behaviour was, might include anything from a formal warning to termination from their job.
If the complaint is not substantiated, it’s still essential to ensure that the workplace remains a safe and supportive environment for everyone involved.
5. Legal and Policy Compliance
Employers are required to make sure that how they handle the complaint complies with both internal company standards and UK employment legislation. If you don’t, you risk facing legal repercussions, such as discrimination or unjust dismissal lawsuits.
Employers should get advice from HR specialists or attorneys to make sure their actions are compliant with best practices and the law.
The Equality Act of 2010 states that unless an employer can show that it took all reasonable precautions to prevent harassment, it may be held vicariously accountable for harassment perpetrated by its workers. This emphasizes how crucial it is to manage workplace harassment with clear policies, frequent training, and initiative.
6. Post-Investigation Follow-Up
After the investigation and any necessary disciplinary actions are concluded, it’s important to follow up with both the complainant and the workplace as a whole. This may include providing additional support to the complainant, monitoring the work environment to ensure that no further issues arise, and reinforcing the company’s commitment to a safe and respectful workplace.
Employers should also take this opportunity to review and, if necessary, update their policies and training programs to prevent future incidents. Regular training on harassment prevention, clear communication of policies, and fostering an inclusive workplace culture are key steps in mitigating the risk of harassment and ensuring that all employees feel safe and respected.
7. Support for Victims
Employers must ensure that victims of sexual harassment receive the support they need. This includes providing access to counselling services, ensuring they are protected from retaliation, and helping them through the reporting process. It’s essential that victims feel heard and validated and that their concerns are taken seriously.
Final Thoughts
Organisations can prevent sexual harassment effectively by knowing what sexual harassment is and the spectrum of activities that might lead to it. It is vital to guarantee that all staff members are cognisant of their entitlements and obligations and that efficient protocols are in place for addressing grievances.
When sexual harassment does happen, it must be dealt with appropriately and quickly, with consequences for the harassers.
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