Sexual Harassment At Work – A Serious Issue
Sexual harassment is a serious issue wherever it occurs. Here we look at how sexual harassment at work can have devastating effects on individuals and organisations alike. It creates a toxic work environment, damages employee wellbeing, and can result in legal and financial consequences for employers. Providing effective sexual harassment awareness training helps prevent misconduct, promotes a culture of respect, and ensures compliance with UK legislation, including the newly introduced Worker Protection Act 2023. This came into place in October 2024, and imposes a legal duty on employers to take reasonable steps to prevent sexual harassment in the workplace, shifting the focus from reactive measures to proactive prevention.
Identifying Sexual Harassment
Identifying sexual harassment is important in order to ensure that the matter is dealt with properly and the appropriate action is taken. It is important to understand that sexual harassment is defined as:
“Any form of unwanted verbal, nonverbal, or physical conduct of a sexual nature that violates the dignity of a person or creates an intimidating, hostile, degrading, humiliating, or offensive environment.”
Sexual Harassment can take many forms which are explained in the following sections.
Verbal Sexual Harassment
Verbal Sexual Harassment includes:
- Making unwelcome sexual comments or innuendos
- Asking about sexual fantasies, preferences, or history
- Making sexual comments about a person’s appearance, body, or clothing
- Repeatedly asking someone on a date despite them saying ‘no’
- Spreading rumours about someone’s sex life
Non-Verbal Sexual Harassment
Non-Verbal Sexual Harassment includes:
- Making sexual gestures or suggestive facial expressions
- Following or stalking someone
- Displaying explicit images or materials in the workplace
- Obstructing someone’s path or deliberately entering their personal space
Physical Sexual Harassment
Physical Sexual Harassment includes but is not limited to:
- Unwanted touching, hugging, or patting
- Touching another person’s clothing, hair or body without their consent
- Brushing against someone inappropriately
- Physically blocking someone’s movement or making them feel unsafe due to your close proximity
These are only some of the examples of sexual harassment in the workplace, but there are more. If there is unwanted behaviour of a sexual nature, it’s not OK.
Workplace Banter OR Sexual Harassment?
Sexual harassment can occur in workplaces where there is a culture of jokes and banter so it’s important to recognise when that behaviour crosses the line into harassment. Even if someone does not outwardly object, it doesn’t mean they are comfortable with the behaviour. External pressures, such as fear of causing conflict, can prevent individuals from speaking up. When banter becomes harassment, the behaviour:
- is of a sexual nature and
- creates an intimidating, hostile, or offensive environment and
- is unwelcome or unwanted
Worker Protection Act (2023) |The Legal Landscape
Protection against workplace sexual harassment was strengthened in the UK, in October 2024, when the Worker Protection Act (2023), an amendment to the Equality Act 2010, came into place.
Under this new law, employers have a legal duty to take proactive and reasonable steps to prevent sexual harassment, rather than simply addressing incidents after they occur. This also includes harassment from third parties such as customers and clients.
Sexual Harassment | Employer Responsibilities
- Identify risks of sexual harassment in the workplace
- Implement reasonable measures to reduce these risks
- Foster a workplace culture that prioritises respect and safety
Failure to comply can lead to serious legal and financial consequences, including liability for failing to protect employees from harassment.
Impact of Sexual Harassment on Employees and Businesses
Sexual harassment has far-reaching consequences beyond the immediate victim. It affects the entire organisation, leading to:
- Mental health issues (stress, anxiety, PTSD, depression)
- Physical health problems (hypertension, cardiovascular disease, chronic illnesses)
- Decreased productivity and engagement
- Higher employee turnover and absenteeism
- Reputational damage and legal liability
Preventing Sexual Harassment at Work | Steps Employers Can Take
There are a number of steps that employers can take to prevent sexual harassment at work which we have listed below. Further information can be found at the Acas website under Sexual Harassment > Preventing Sexual Harassment.
Sexual Harassment Awareness – Provide Education and Training
Regular and comprehensive Sexual Harassment in the Workplace Awareness Training, ensures employees understand what constitutes sexual harassment, and how to prevent it.
Sexual Harassment Policy – Establish Clear Procedures
Ensure all employees are aware of, and understand the company’s sexual harassment policy, including reporting procedures and consequences.
Reporting Sexual Harassment at Work
TThe reporting of a possible case of sexual harassment at work can be difficult so it is important to create a safe and supportive environment where employees feel comfortable coming forward without fear of retaliation.
Responsible Persons | Take Action Against Sexual Harassment
Sexual harassment must be dealt with properly and it is therefore vital that employers, the management team and responsible persons lead by example – they should ensure their own behaviour is always respectful, should be able to identify sexual harassment at work, understand what steps should be taken to address and eliminate it in the workplace and must take immediate action against harassment to demonstrate that misconduct will not be tolerated.
With the Worker Protection Act (2023) now in force, employers must be proactive in preventing sexual harassment in the workplace. Training employees, enforcing clear policies, and fostering a respectful work environment not only protects individuals but also strengthens your organisation as a whole. By prioritising prevention, businesses can ensure compliance, enhance workplace culture, and support employee wellbeing.
For more information on Sexual Harassment in the Workplace Awareness Training, please give us a call on 01332 208500 or email hello@real-sense.com.