In light of the recent allegations against Harrods tycoon Mohamed Al Fayed, many employees may be questioning the adequacy of their own organisation’s sexual harassment safeguards. Is the system effective? Does it comply with U.K. employment law?
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Sexual harassment has been prohibited under U.K. law since 1986, but despite ongoing efforts, the problem remains widespread.
Recent surveys reveal that 30% of women and 27% of men reported experiencing it in the workplace within the last year.
The government, in order to address this issue, has introduced further legislation. This shifts more responsibility onto employers for preventing such behaviour.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 requires employers to take proactive steps to prevent sexual harassment in the workplace.
This includes protecting employees not only from colleagues but also from third parties such as customers or contractors.
Employers must anticipate potential scenarios where workers could be vulnerable to harassment and take action to mitigate those risks.
Employers who fail to implement effective and proportionate measures will face an uplift of up to 25% in the fine if a case of sexual harassment is successfully progressed against them by an employee at the employment tribunal.
Employers have a duty of care towards their employees and can be held vicariously liable for harassment committed by their staff in the course of employment.
If an employee can prove they were discriminated against based on a protected characteristic, such as sex, the employment tribunal may grant uncapped compensation awards.
However, employers may defend against liability by demonstrating that they took “all reasonable steps” to prevent the harassment.
Sexual harassment can take many forms. Guidance from the Equality and Human Rights Commission provides a broad list of behaviours which constitute sexual harassment, including:
To meet the legal requirements, employers should review their existing policies and consider new measures. Provide all staff with regular training on sexual harassment.
Additionally, conducting a sexual harassment risk assessment can help identify vulnerabilities and create a safer environment for all employees.
If you are an employer or an employee who is affected by this issue, please call HR First for a no-obligation discussion.
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