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?
New Guidance on Sexual Harassment
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. In response, new legislation is set to shift more responsibility onto employers for preventing such behaviour.
Starting from 26th October, employers will be legally required 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.
The duty requires that employers should anticipate scenarios when its workers may be subject to sexual harassment in the course of employment and take action to prevent such harassment taking place
Equality and Human Rights Commission
Legislated for by the Worker Protection Act 2023, the act is backed by financial penalties: The Employment Tribunal can now increase compensation for a successful claim of sexual harassment by up to 25%.
Current Law
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. It’s important to note, though, that tribunals rarely accept this defence, so employers should approach it with caution.
What counts as Sexual Harassment?
Sexual harassment can take many forms, and employers must remain vigilant. Guidance from the Equality and Human Rights Commision provides a broad list of examples, including:
- sexual comments or jokes
- displaying sexually graphic pictures, posters or photographs
- suggestive looks, staring or leering
- propositions and sexual advances
- making promises in return for sexual favours
- sexual gestures
- intrusive questions about a person’s private or sex life or a person discussing their own sex life
- sexual posts or contact on social media
- spreading sexual rumours about a person
- sending sexually explicit emails or text messages
- unwelcome touching, hugging, massaging or kissing
Developing a Strategy
To meet the updated legal requirements, employers should review their existing policies and consider new measures. Providing updated training on sexual harassment is an important first step. Additionally, conducting a sexual harassment risk assessment can help identify vulnerabilities and create a safer environment for all employees.