The Current Landscape
In 2023, sexual harassment remained a significant issue in the workplace. According to a poll by the Trades Union Congress (TUC), 58% of women experienced harassment at work—this figure rose to almost two-thirds for women aged 25 to 34. Men are not immune either, with 7% reporting at least one form of harassment. These statistics reveal the alarming prevalence of sexual harassment and the need for urgent action across all sectors.
Understanding Sexual Harassment
Under the Equality Act 2010, sexual harassment is defined as unwanted conduct of a sexual nature that has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment.
Crucially, intent does not matter; what matters is the impact on the individual. This key distinction is often misunderstood, leading to gaps in addressing and preventing sexual harassment effectively.
Forms of Sexual Harassment
Sexual harassment can take many forms, from overt actions like unwelcome touching and sexual advances to more subtle behaviours such as suggestive looks, inappropriate jokes, or intrusive questions about one’s personal life.
With the rise of digital communication, harassment has also moved online, manifesting in sexual posts, rumours, and explicit messages shared via social media or email.
Importantly, even a one-off incident can constitute sexual harassment, underscoring the seriousness of the issue.
The Legal and Financial Consequences
In 2022/23, sex discrimination claims in the UK led to significant financial consequences, with average awards reaching £37,607 and the highest award exceeding £995,000.
Although exact figures for sexual harassment claims in 2023 are not separated from broader discrimination cases, they continue to represent a significant portion of tribunal claims. Claims can be brought against both the alleged harasser and the employer, highlighting the need for organisations to take proactive measures to protect their employees.
New Legal Requirements: What Employers Must Do
The recent legislative changes further emphasise that employers must take reasonable steps to prevent sexual harassment. Employers now face the risk of additional compensation of up to 25% if a tribunal finds they have failed in this duty. But beyond financial penalties, the reputational damage to companies can be immense, affecting both internal morale and external relationships.
Why Employers Should Act Now
It’s not enough for organisations to simply have a harassment policy in place.
Employers must review and update their policies, processes, and training to ensure they are not only compliant with the new laws but also fostering a culture of respect and safety. The law now demands tangible evidence of the steps taken to prevent sexual harassment and employers who fail to act risk both legal and reputational repercussions.
Proactive Steps for Employers
To demonstrate they have taken reasonable steps, employers should:
How JourneyHR Can Help
We offer a range of services to help employers navigate these changes and protect their employees:
To learn more about our competitive pricing and support, and to ensure your business is ready for the upcoming legislative changes, contact us at enquiries@journeyhr.com