Sexual harassment in the workplace is a pervasive issue that can have serious legal, financial, and cultural consequences. Under the Equality Act 2010, sexual harassment is defined as unwanted conduct of a sexual nature that violates an individual’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. From 26 October 2024, the Worker Protection (Amendment) Act 2023 consolidated and strengthened this definition, establishing a clear preventative duty on employers to take proactive steps against harassment.
This conduct can affect employees, applicants, and third parties such as contractors or clients, and can occur between colleagues, managers, customers, or even in remote settings via email or video calls. Employers face vicarious liability for acts committed by staff during employment, and owe a duty of care under both equality and health and safety legislation. Ignoring the preventative duty incurs significant costs: tribunal claims are on the rise, reputational damage can undermine brand trust, and tribunals may uplift compensation by up to 25% when an employer’s failure to prevent harassment is found.
By understanding definitions, duties, and practical prevention steps, organisations can mitigate the risks associated with sexual harassment, fostering a safe and respectful working environment while ensuring compliance with UK employment law.
Defining Sexual Harassment
The Equality Act 2010 and the updated Worker Protection (Amendment) Act 2023 provide the legal framework for defining sexual harassment. Legally, it is unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, or degrading environment. Importantly, the individual’s intent is irrelevant: even inadvertent comments may constitute harassment if they produce an offensive environment.
Sexual harassment can take multiple forms:
- Verbal remarks: unwelcome flirtatious comments, sexual jokes, or suggestive remarks
- Physical actions: inappropriate touching, cornering, or exposure to sexual imagery
- Non-verbal gestures: leering, sexually explicit body language, or sending obscene emojis
- Online behaviours: unsolicited explicit emails, inappropriate video call backgrounds, or social media messages
Examples may involve a manager making derogatory comments about a subordinate’s appearance, colleagues sharing offensive GIFs in a group chat, or a client directing lewd remarks at an intern. Third-party harassment is also covered: employers must address misconduct from customers, contractors, or visitors when it impacts their staff.
Understanding Employer Responsibilities
Under both the Equality Act 2010 and Worker Protection (Amendment) Act 2023, employers in the UK have a statutory duty to prevent harassment in the workplace. This preventative duty means taking reasonable steps, such as risk assessments, training, and policy implementation, to minimise occurrences before they escalate into claims.
Employers face vicarious liability for harassment perpetrated by staff during employment. Failure to uphold a duty of care may lead victims to seek tribunal claims, and tribunals now have the power to increase compensation by up to 25% in cases where an employer has breached its preventative duty. The Equality and Human Rights Commission (EHRC) can also investigate and enforce compliance, potentially issuing improvement notices or taking other enforcement actions.
Employer 8‑Step Guide to Prevention
Drawing on ACAS guidance and EHRC best practice, here is an eight‑step roadmap to prevent sexual harassment in the workplace:
- Develop an Anti‑Harassment Policy: Draft a clear, written policy defining sexual harassment, outlining zero tolerance, covering third‑party incidents, and detailing the reporting and review process. Ensure it aligns with the Equality Act 2010 harassment provisions and the Worker Protection (Amendment) Act 2023.
- Engage Your Staff: Use one‑to‑one meetings, workplace surveys, and exit interviews to gather feedback on workplace culture and identify potential risk areas. This inclusive approach builds trust and uncovers hidden issues.
- Assess Workplace Risks: Conduct a harassment risk assessment focusing on social events, lone working, travel, shift patterns, and power dynamics. Pay special attention to vulnerable groups such as interns, apprentices, or temporary staff.
- Implement Prevention Steps: Communicate your zero‑tolerance stance through staff briefings, intranet notices, and visible signage. Establish clear behavioural standards for business events, travel, and online interactions to minimise risks in all environments.
- Provide Training: Roll out mandatory workplace harassment training for all employees, with specialised modules for managers on preventing, identifying, and investigating complaints. Consider manager bystander training to empower staff to intervene safely.
- Ensure a Clear Complaints Procedure: Align your process with the ACAS Code of Practice, offering both informal and formal routes. Guarantee sensitive handling, confidentiality, and protection against retaliation for complainants.
- Monitor and Review Policies: Regularly evaluate your anti‑harassment policy and training effectiveness, record all incidents, and update procedures based on lessons learned and evolving best practices.
- Foster an Inclusive Culture: Demonstrate leadership commitment through visible actions, promote allyship, support employee networks, and clearly communicate that there will be no retaliation for raising concerns.
Reporting & Investigating Complaints
Raising a Complaint
Employees, applicants, or witnesses can raise concerns informally, through a line manager or HR, or formally by submitting a written complaint. Clear communication about reporting routes and assurances of confidentiality encourage early reporting, often preventing escalation.
Investigation Best Practices
An effective investigation follows these principles:
- Impartiality: Appoint an unbiased investigator, often an external HR consultant or designated senior leader.
- Timeliness: Begin inquiries promptly, setting clear timelines for each stage of the process.
- Confidentiality: Limit knowledge of details to those with a legitimate need to know.
- Support: Provide confidential advice, access to counselling, and reasonable adjustments for both complainants and respondents.
- Alignment with ACAS Code: Follow the ACAS Code of Practice on Disciplinary and Grievance Procedures to ensure fairness.
Third‑Party Harassment
Include guidance on handling harassment by customers, clients, contractors, or visitors. Outline the steps to challenge or remove offenders, and ensure staff know how to escalate incidents involving third parties.
Outcome and Remedies
After investigation, deliver outcomes in line with policy: disciplinary action, mediation, or training refreshers, depending on severity. Offer ongoing support to complainants, maintain transparency about process conclusions where appropriate, and reinforce zero tolerance.
Training & Culture Building
Effective sexual harassment policy enforcement relies on robust training and culture:
- Training Content: Use interactive sessions with role‑play scenarios, manager‑focused modules, and bystander intervention drills. Crucial topics include recognising intimidating, hostile, degrading, humiliating or offensive environments and understanding the risks of sexual harassment in social media and digital channels.
- Evidence‑Based Methods: Customised in‑person training often proves more impactful than generic online modules. Tailor content to your sector, incorporating real-world examples.
- Embedding Inclusive Culture: Leadership should visibly champion respect and inclusion. Support employee resource groups and circulate clear communications emphasising that respectful behaviour is non‑negotiable and retaliation will not be tolerated.
How Kingfisher Can Help with Sexual Harassment Prevention
Kingfisher Professional Services offers comprehensive, bespoke support to help businesses comply with the Equality Act 2010 and the Worker Protection (Amendment) Act 2023. Through our all‑inclusive packages, we provide:
- Policy Development: We draft tailored anti‑harassment policies that align with ACAS sexual harassment guidance and preventative duty 2024 workplace requirements.
- Expert Training: Interactive trainer‑led workshops covering bystander intervention, manager investigations, and digital harassment in social media environments.
- 24/7 Helpline: Unlimited access to HR and Employment Law experts for immediate advice on any sexual harassment or third‑party incident.
- Investigation Support: Guidance on conducting impartial inquiries, from scoping to report writing and remedial action.
- Culture Consultancy: Risk assessments and leadership coaching to foster an inclusive workplace culture that discourages harassing conduct.
With Kingfisher’s bespoke Employment Law and HR support, your organisation will meet its preventative duty with confidence and protect staff wellbeing while minimising legal and reputational risk.
Conclusion
Sexual harassment is both a legal and organisational risk that demands proactive management. Under the Equality Act 2010 and the Worker Protection (Amendment) Act 2023, employers carry a statutory preventative duty. Failure to act can lead to tribunal claims, enhanced compensation, and severe reputational damage.
Effective prevention hinges on clear policies, comprehensive training, robust reporting and investigation processes, and an inclusive workplace culture. By following the eight‑step guide, backed by ACAS and EHRC best practices, organisations can reduce exposure to harassment, safeguard employee wellbeing, and demonstrate a genuine commitment to dignity and respect.
Consult Kingfisher Professional Services for bespoke Employment Law, HR, and training support. With 24/7 expert availability, we ensure your anti‑harassment frameworks are legally compliant, practically effective, and aligned with your organisational values. Reach out today to build a safer, more respectful workplace and fulfil your preventative duty with confidence.