Sexual Harassment in the Workplace

Sexual harassment in the workplace is an issue no employer can afford to ignore. When unwanted behaviour of a sexual nature occurs, it can rapidly damage trust and expose your business to serious legal liability.

What Is Sexual Harassment in the Workplace and What Changed in 2024?

Under the Equality Act 2010, sexual harassment is unwanted conduct of a sexual nature that either violates someone’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Even a single incident may qualify, depending on its severity and impact.

From 26 October 2024, a new legal duty requires all UK employers to take reasonable steps to prevent sexual harassment in their workplaces and not to only respond when it happens. This duty arises under the Worker Protection (Amendment of Equality Act 2010) Act 2023.

Under the new rules, failure to demonstrate preventive action may lead to compensation uplift (up to 25%) in tribunal awards. The duty also extends to harassment by third parties such as clients or customers where the employer did not take appropriate steps to prevent it.

Common Forms and Examples

Sexual harassment may occur face-to-face, via electronic communications or social media and can be by colleagues, superiors or third parties. Examples include:

Sexual comments or jokes about someone’s appearance or body
Requests for sexual favours or persistent advances
Unwanted touching, hugging or brushing up against someone
Sharing sexually explicit images or content
Sexual gestures, leering or innuendo
Offensive social media messages or images shared in team chats

Even conduct intended as light-hearted banter may cross the line if it creates a hostile or degrading atmosphere.

Employer Responsibilities and Legal Obligations

As an employer, you bear legal and reputational risk in allowing sexual harassment to occur in your workplace. You may be vicariously liable for harassment by employees unless you can show you took all reasonable steps to prevent it.

Because of the 2024 duty, you must now proactively assess risk and establish preventive measures ensuring they are applied consistently. Waiting until a complaint is raised may not be enough. If a tribunal finds you breached the preventative duty damages may be uplifted significantly.

Reasonable Steps You Should Take

What constitutes reasonable steps depends on your business size, sector, work environment and previous incidents. Key actions include:

Carrying out a risk assessment of your workplace, including off-site or client-facing roles
Publishing a clear anti-harassment policy and ensuring it aligns with other policies such as disciplinary rules and social media use
Training all staff, including senior managers on what sexual harassment is, how to respond and how to raise concerns
Providing safe and confidential reporting channels with anonymous options
Monitoring complaints and investigating them fairly, promptly and thoroughly
Reviewing and updating policies and training regularly
Fostering a respectful and inclusive workplace culture that does not tolerate harassment

Responding to a Complaint of Sexual Harassment in the Workplace

Timely and consistent handling of complaints is essential. A mishandled or delayed process can worsen the situation and expose you to greater risk.

Steps to Follow

Acknowledge the complaint promptly in writing, explain the process and reassure confidentiality where possible
Appoint an impartial investigator who should be someone uninvolved in the incident
Gather evidence by interviewing parties and witnesses and reviewing relevant records
Assess the facts carefully, considering context, consistency and credibility
Reach a decision and decide whether harassment is upheld and whether disciplinary action is needed
Communicate the outcome clearly in writing, explaining the reasoning and right to appeal
Take follow-up steps to prevent recurrence, such as training or policy review
Allow a proper appeal process, heard by someone not involved previously

Documenting every stage carefully is vital. In tribunal proceedings your procedure may be scrutinised as closely as the outcome itself.

For Free Employment Law Advice for Employers Call John Bloor at EBS Law on 01625 87 4400

Appeal and Tribunal Risk

Once an appeal is exhausted, an employee dissatisfied with your handling may proceed to ACAS early conciliation and then to an employment tribunal. At tribunal, the process, fairness and your proactive preventative steps will all be considered. If you fail to meet your new preventative duty then damages may be uplifted.

Best Practices and Stratagies to Prevent Sexual Harassment in the Workplace

Prevention is the best protection. Some best practices to adopt are:

Embed anti-harassment training into induction and refresher sessions
Monitor and analyse complaint patterns to detect systemic issues
Encourage bystander reporting and support individuals who speak up
Review workplace design, client-facing interactions and social event arrangements
Include harassment prevention in performance objectives for managers
Conduct staff surveys about culture, safety and respect
Ensure leaders visibly support a zero-tolerance approach

Sexual Harassment in the Workplace illustrative Scenarios

Scenario 1: At a staff Christmas party, an employee makes inappropriate sexual jokes to colleagues. Several employees complain. The employer investigates and disciplines the individual. Following up by clarifying expectations for social events and running refresher training.

Scenario 2: In online meetings, a manager repeatedly comments on an employee’s appearance. The employee raises a complaint. The employer investigates and disciplines the manager, implementing a new policy restricting personal comments.

Scenario 3: A client makes unwanted advances toward an employee during a site visit. Because of the employer’s policy and reporting channels, the incident is reported and addressed with the client. Safeguards are introduced for future visits.

How EBS Law Can Help

Sexual harassment in the workplace is sensitive and potentially high-risk. At EBS Law, we provide expert guidance and support to employers. We help with drafting robust policies, conducting investigations, defending tribunal claims, training managers, and ensuring your practices are both legally compliant and culturally strong.

For more detail, you may find these resources on our website useful:

Contact John Bloor today for expert support at EBS Law. We’re here to ensure your business stays protected every step of the way. Call 01625 874400 or email enquiries@ebslaw.co.uk.