Strengthened Measures to Combat Sexual Harassment in the Workplace
Despite having measures in place to combat sexual harassment in the workplace, the UK has seen the need to introduce new legislative measures. So, what’s prompted the need for strengthened measures?
As we have seen from the plethora of high-profile cases in the public domain where this type of misconduct has occurred, there is much concern over the institutional failures in taking action. This, coupled together with research which suggests that in the UK 40% of women and 18% of men have experienced some form of unwanted sexual behaviour in the workplace, has highlighted that existing preventative and penalty measures are not effectively safeguarding victims.
The UK's new sexual harassment law is designed to strengthen protections for workers and create a fairer workplace environment by introducing the following new measures:
An expanded definition of harassment, a broader range of behaviours including:
- Unwanted touching, kissing, or making sexual advances: This covers any physical contact that is unwanted or unwelcome, even if it is not violent or aggressive;
- Making offensive or unwelcome comments of a sexual nature: This includes any comments that are sexually suggestive, derogatory, or humiliating;
- Displaying or distributing sexually suggestive images or material: This covers any images or material that are sexually suggestive or offensive, even if they are not explicit;
- Engaging in other forms of conduct of a sexual nature that is unwelcome or offensive: This includes any other behaviour that is sexually suggestive, derogatory, or humiliating, such as making offensive jokes or gestures.
The new law also specifies that harassment can be a single incident or a series of incidents and that it can occur not just in person, but by phone, by email, or through social media. This broader definition of harassment is intended to provide better protection for workers and to make it easier for victims to come forward and report harassment.
It also places a stronger focus on employer’s liability, who will be held liable for harassment committed by their employees, even if they were unaware of the behaviour. Under the revised legislation, employers can be held responsible for the actions of their employees, even if they have taken reasonable steps to prevent harassment.
This increased accountability for employers is intended to incentivise them to take proactive steps to prevent harassment and create a safer workplace environment. This includes:
- Increased penalties: The fines for employers who fail to take reasonable steps to prevent harassment have been increased. Employers who are found to be in violation of the law could face fines of up to £500,000. This is a significant increase from the previous maximum fine of £20,000;
- Unlimited fines for serious breaches: In cases of serious breaches of the law, employers could face unlimited fines. This means that there is no cap on the amount of money that an employer could be fined;
- Protection for third parties: The law now protects not only employees but also third parties, such as customers, contractors or visitors to the site from harassment;
- Strengthened reporting procedures: Employers must have clear policies in place for reporting harassment and must investigate complaints promptly and fairly.
All employers will need to review their policies and procedures to ensure they comply with the latest requirements. A comprehensive Sexual Harassment policy should clearly outline the employer's commitment and include:
- A clear definition of sexual harassment with examples to illustrate specific behaviours that constitute harassment;
- State Prohibited Conduct, so that’s an explicit list of the types of prohibited conduct such as:
- Unwanted physical contact
- Sexual advances
- Offensive or derogatory comments
- Displaying or distributing sexually suggestive material
- Retaliation against individuals who report harassment
- Reporting procedures, outlining the multiple channels for reporting harassment, e.g. senior leaders, direct supervisors, HR representatives or a designated contact person;
- Disciplinary Actions and Consequences, the potential disciplinary actions for violating the policy;
Policies should also be clear about confidentiality, the investigation process, preventative measures and training.
In addition to employer requirements, staff also have a responsibility to help prevent sexual harassment in the workplace. In order to affect a cultural change in the workplace environment, it is essential that all staff complete safeguarding training specific to this topic and have an understanding of the law and their setting’s policy.
Everyone has the right to a safe and respectful workplace. By being aware, respectful, and proactive, all staff can help prevent sexual harassment and create a positive work environment for all.
Contact SSS Learning for details of Sexual Harassment in the Workplace training and sample policy template.
SSS Learning Safeguarding Director
