What is sexual harassment in the workplace?

Sexual harassment in the workplace undermines the dignity, respect, and safety of employees. It can have a profound impact on individuals, affecting their mental and physical health, career progression, and overall wellbeing.

For organisations, it can lead to a toxic work environment, decreased productivity, and legal ramifications.

Here we talk about what constitutes sexual harassment in the workplace, the legal framework surrounding it, and how organisations can prevent and address it.

What is sexual harassment in the workplace?

Sexual harassment refers to any unwanted behaviour of a sexual nature that creates an intimidating, hostile, degrading, humiliating, or offensive environment for the person on the receiving end.

It can take many forms:

1. Verbal harassment. This includes inappropriate comments, jokes, or remarks about someone’s appearance, sexual orientation, or body. It also encompasses sexual advances, propositions, or threats.
2. Non-verbal harassment. This can involve lewd gestures, displays of sexually suggestive images or videos, and inappropriate staring or leering.
3. Physical harassment. This covers unwanted physical contact, such as touching, hugging, or kissing. It can also extend to more aggressive acts like assault or physical intimidation. Physical harassment may be classed as sexual assault which is a serious criminal offence.
4. Online harassment. With the rise of remote working and digital communication, online harassment has become increasingly prevalent. This can include sending inappropriate messages, images, or videos through email, social media, or other digital platforms.

What are an employer’s legal responsibilities?

Employers have a legal duty to prevent and deal with sexual harassment in the workplace.

Sexual harassment in the workplace is covered under the Equality Act 2010. The Act defines sexual harassment as unwanted conduct of a sexual nature that violates the dignity of a person or creates an intimidating, hostile, degrading, humiliating, or offensive environment.

The Worker Protection (Amendment of Equality Act 2010) Bill aims to strengthen existing protections against workplace sexual harassment. Under the Bill, employers have a statutory duty to take all reasonable steps to prevent sexual harassment, which could include measures such as providing mandatory sexual harassment prevention training for employees and creating more robust reporting mechanisms.

The Bill also introduces the potential for employers to be held liable for third-party harassment if they fail to take reasonable steps to prevent it. This means it is crucial for employers to extend their policies and training to cover interactions with clients, customers, and other third parties.

To find out how the new Worker Protection Bill affects employers, please listen to our webinar, Sexual harassment in the workplace – how does new legislation affect employers?

What are the consequences of non-compliance?

Failure to comply with legal responsibilities can lead to unlimited fines, compensation claims, and significant reputational damage, so it is very important that employers take proactive measures to prevent workplace sexual harassment.

How to prevent sexual harassment in the workplace

Preventing sexual harassment in the workplace requires a proactive, comprehensive approach that addresses policies, training, reporting mechanisms, and the overall culture of the organisation. Here are the key components of an effective prevention strategy:

Implementing policies and procedures

Employers must establish and communicate clear policies and procedures that define acceptable behaviour, the process for reporting incidents, and the consequences of policy violations.

A comprehensive sexual harassment policy should include:

• Definition of sexual harassment. Clearly define what constitutes sexual harassment, including examples of verbal, physical, and non-verbal behaviours that are unacceptable.
• Reporting mechanisms. Outline the steps employees should take to report incidents of harassment, ensuring that multiple channels are available, such as speaking to a manager, contacting HR, or using an anonymous hotline.
• Consequences of violations. Clearly state the disciplinary actions that will be taken against those found to have violated the policy, which could range from warnings to termination.
• Policy communication. Ensure that the policy is accessible and communicated to all employees, both during onboarding and through regular updates.

Training and Awareness

Preventing Sexual Harassment Training is essential to educate employees and managers about recognising, preventing, and responding to sexual harassment. All employees, including senior management, should participate in training sessions. Regular refresher training should be conducted to reinforce the message.

Training covers the legal definitions of sexual harassment, the rights of employees, and the potential legal consequences. Real-world scenarios and role-playing exercises help employees understand the impact of harassment and how to report issues effectively.

Employees should also be educated about the organisation’s specific policies and procedures, including reporting mechanisms and support systems.

Creating a safe environment

Employers must cultivate a workplace culture that supports and values respectful interactions. Creating a workplace culture that values respect, diversity, and inclusivity is key to preventing harassment.

Enforce a strict zero-tolerance policy for harassment, ensuring that all incidents are taken seriously and dealt with appropriately and promptly. It is important to promote an environment where employees feel comfortable speaking up about concerns without fear of reprisal.

Taking complaints seriously

A clear and effective process for handling complaints is crucial for preventing sexual harassment and supporting affected employees.

• Employers should provide multiple channels for reporting, including confidential options, to ensure employees feel safe coming forward.
• Complaints should be investigated impartially and confidentially, ensuring that all parties are treated fairly.
• Disciplinary action should follow fair procedures in line with ACAS and the organisation’s policies. The complainant should be kept informed about the progress and outcome of the investigation.
• Measures should be implemented to protect individuals who report harassment from any form of retaliation, ensuring they feel safe and supported throughout the process.

Provide support services, such as counselling or access to an employee assistance programme, for those affected by harassment. Provide them with a specific contact in HR who is trained to handle harassment cases sensitively and confidentially.

Monitoring and reviewing

Regular evaluation of the effectiveness of policies and preventive measures is essential. Update policies to reflect changes in the law and best practices, and conduct surveys or use other tools to assess the workplace climate and identify areas where improvements may be needed.

Take steps to address potential risks before they escalate, such as modifying work arrangements or increasing supervision in areas with a higher incidence of complaints.

Preventing Sexual Harassment Training

Organisations have a duty to protect their employees and maintain a safe, inclusive workplace.

Our Preventing Sexual Harassment Training provides the essential knowledge and skills to identify, report, and prevent sexual harassment in the workplace, ensuring compliance with the latest legal requirements.

By completing this course, employees will understand how to contribute to a positive workplace culture where respect and dignity are upheld.