Did you know that three in five women say they have experienced sexual harassment, bullying or verbal abuse at work and one in three women report not telling their employer about what was happening?
On the 26th October 2024 the law on sexual harassment changed meaning employers must now take reasonable steps to prevent sexual harassment of their workers, including by third parties.
The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
What one worker – or even a majority of workers – might see as harmless fun or ‘banter’, another may find unacceptable. A worker complaining about conduct may be considered by others to be overly sensitive or prudish. However, it is important to understand that conduct can amount to harassment or sexual harassment even if that is not how it was intended.
Understanding Sexual Harassment
Sexual harassment is any unwanted behaviour of a sexual nature that makes someone feel intimidated, degraded, humiliated, or offended. This can include things like unwelcome physical contact, sexual comments or jokes, displaying sexually explicit images, or sending suggestive messages.
It’s about more than just words or actions; it’s the impact they have on the person receiving them. When in doubt, if it crosses someone’s boundaries and makes them uncomfortable, it's likely harassment.
It is important to note that under the new act this will include sexual harassment from third party connections to the company including any individuals who interact with the company but are not employees, such as clients, customers, suppliers, contractors, vendors, and freelance consultants.
How things are changing
Employers must be proactive in assessing risk, identifying action and regularly review their processes.
The Act strengthens existing legal protections from workplace sexual harassment which can be inadequately addressed by employers. It can damage people’s careers, as well as their mental and physical health.
The Act makes three types of harassment unlawful. These are:
harassment related to a ‘relevant protected characteristic’
sexual harassment
less favourable treatment of a worker because they submit to, or reject, sexual harassment or harassment related to sex or gender reassignment
‘Relevant protected characteristics’ are:
age
disability
gender reassignment
race
religion or belief
sex
sexual orientation
Unlike other forms of discrimination, pregnancy and maternity and marriage and civil partnership are not protected under the harassment provisions. However, harassing someone because of pregnancy or maternity would be harassment related to sex.
Inappropriate or hostile behaviour targeting an individual because of their pregnancy or maternity status is considered unlawful discrimination related to their sex, and therefore also qualifies as a form of sexual harassment.
New Sexual Harassment Safeguarding Pack
To ensure your organisation is fully compliant with the recent changes to UK law on workplace sexual harassment we have developed an easy to download Sexual Harassment Safeguarding pack.
Toolkit Contents:
Anti-Harassment Action Log: Track actions taken to prevent harassment and demonstrate your commitment to a safe workplace.
Anti-Harassment Incident Log: Record any reported incidents, ensuring proper documentation and response.
Anti-Harassment Training Log: Keep a record of employee training sessions on anti-harassment policies, fostering a well-informed workforce.
Sexual Harassment Risk Assessment: Evaluate potential risks and identify areas for improvement to create a safer environment.
Sexual Harassment Policy Template: Implement a clear, legally sound policy that outlines your organisation's stance and procedures.
Toolbox Talk Guide: Conduct structured conversations with employees on preventing harassment, promoting awareness and understanding.
Key Benefits:
Comprehensive Compliance: All the tools you need to meet legal obligations under the new preventative duty.
Action-Oriented Resources: Templates and logs designed for immediate use, helping you take meaningful preventative steps.
Clear and Practical Guidance: Develop effective anti-harassment policies and train your team with ease.
All you need to do to get started is click on the button below.
If you are a retainer client of ours then you will have already been sent the toolkit and templates by Caz earlier this week.
For further advice and support or to discuss anything regarding this topic please email hello@whitcombehr.co.uk.
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