Sexual Harassment

Sexual harassment is an aspect of workplace behaviour that has been outlawed since long before the Equality Act 2010, but that Act set out the parameters we currently have to observe as employers. S 26 2 of the Act says sexual harassment occurs when a worker is subjected to unwanted conduct as defined in?and which is of a sexual nature. The conduct need not be sexually motivated, only sexual in nature.? Various examples are given in the guidance accompanying that act.

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On 26th October 2024 a new positive obligation ?comes into force requiring employers to take reasonable steps to prevent sexual harassment.? What is clear is that, implicitly, there will be a need to carry out a risk assessment. This is a separate positive legal duty that requires employers to take reasonable steps to prevent sexual harassment of their workers. Employers also need to bear in mind the reputational damage that can be suffered by the business.

Harassment is related to the worker subject to the it, and what one person might regard as banter another might regard as offensive. However, workers not on the receiving end of the harassment may also find such conduct offensive, which can be associative discrimination.

Any well-designed policy on sexual harassment must start with identifying the risks faced by staff and workers. A restaurant will have its own issues with behaviour. Customers with a sense of entitlement making suggestive remarks to waiting staff. With other business the threat may come from management, clients or colleagues of workers.

People entitled to protection under the Act include

• Job?applicants
• contract workers (including agency workers and those who contract to provide work personally such as consultants)
• police?officers
• partners in a?firm
• members in a limited liability?partnership
• personal and public office holders,?and
• those who undertake vocational?training

Harassment can come from customers, suppliers or anyone dealing with your business.? You need to show your awareness that all people in contact your business might harass staff, and you need to be alert to it.

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Your risk assessment will need to demonstrate what you will do if alerted to a breach.? Do consult with your workforce on the steps you will take and have dialogue with them or representatives about the risks faced and seek their help in framing the assessment. ?

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For further advice contact Tony Bertin at Woodstock Legal Services.