Since October 2024, employers have been under a legal duty to take reasonable steps to protect their employees from workplace sexual harassment. Failing to adhere to this duty can result in a tribunal imposing a 25% uplift on any compensation awarded to the affected employee and lead to intervention from the Equality and Human Rights Commission.
At GAP HR, we are committed to providing pragmatic, cost-effective human resource support and employment law advice to small businesses. With an exceptional track record of keeping our clients tribunal free, you can rely on our experts to ensure you comply with your legal duties as an employer.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
What Is Workplace Sexual Harassment?
Workplace sexual harassment is unwanted behaviour that violates someone’s dignity or creates an intimidating, hostile, humiliating, offensive, or degrading environment for them.
Conduct can be workplace sexual harassment if it causes one of the effects listed above, even if those effects were unintentional. Conversely, conduct can be workplace sexual harassment if it does not have one of the effects listed above but the perpetrator had intended it to.
How Can Workplace Sexual Harassment Arise?
Workplace sexual harassment can occur in person or online, for example via email or through social media channels. It can be a one-off incident or prolonged conduct. It is not confined to behaviour that occurs within the office or workplace itself but can also include conduct taking place in social situations connected with work, such as at the Christmas party.
What Are Some Examples Of Workplace Sexual Harassment?
The types of conduct that might be deemed workplace sexual harassment are wide and varied, ranging from telling offensive jokes to sexual assault. While workplace sexual harassment usually involves conduct targeted at a specific individual, it can also include other types of behaviour that make an individual uncomfortable, such as displaying sexual images.
Examples of the types of behaviour that may constitute workplace sexual harassment include the following:
- Asking another person questions about their sex life
- Telling sexually offensive jokes. In this regard, what some may consider to be ‘banter’ may constitute workplace sexual harassment
- Displaying sexual images or other types of sexual content or sharing such content
- Making sexual comments about a person’s gender reassignment or sexual orientation
- Making remarks of a sexual nature about a person’s body, clothing, or appearance
- Touching someone against their will, which can include hugging them
- Sexual assault
- Rape
What Is Expected Of Employers?
Employers must take ‘reasonable steps’ to prevent instances of workplace sexual harassment within their organisation.
To reflect the unique circumstances of each business, the law does not define the types of steps employers must take to comply with their legal duty in this regard. What will be ‘reasonable’ depends on several factors, such as the size of the organisation, the nature of its business, and the potential risks to employees.
It is up to each employer to consider potential scenarios in which its employees might be at risk of workplace sexual harassment and implement measure to minimise those risks. That’s why many small businesses seek advice from specialists like us to ensure they understand the extent of their legal obligations and properly comply with them.
Examples of the types of steps that might be deemed ‘reasonable’ in a small business include conducting the appropriate risk assessments, implementing anti sexual harassment policies, and providing employees with the appropriate training on the issue.
What Happens If An Employer Fails To Take Reasonable Steps To Prevent Workplace Sexual Harassment?
An employee cannot bring a claim against an employer for failing to take reasonable steps to prevent workplace sexual harassment. However, if an employee brings proceedings for workplace sexual harassment and wins, and if the employer failed to take reasonable steps to prevent the harassment, they may be subject to more severe penalties, including an uplift of up to 25% on any compensation they are ordered to pay. Given that the compensation that can be awarded in workplace sexual harassment claims is not capped, the potential impact of this uplift is plain. In addition, the Equality and Human Rights Commission can enforce the preventative duty against employers independently of the tribunal system.
In light of the potential severity of the consequences of failing to adhere to their legal duties relating to preventing workplace sexual harassment, the need for employers to address the issue cannot be overstated. Our HR and employment law experts routinely assist small businesses with assessing the effectiveness of their existing policies and procedures and implementing new ones where necessary to minimise the risk of workplace sexual harassment arising within their organisation.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
