Employers must take ‘reasonable steps’ to prevent sexual harassment

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From next month, a change in the law will mean employers must take ‘reasonable steps’ to prevent sexual harassment at work.

The new law comes into force in October 2024 as the Worker Protection (Amendment of Equality Act 2010) Bill aims to strengthen existing protection for workers against sexual harassment.

Prevent sexual harassment

According to the legislation, sexual harassment means ‘unwanted conduct of a sexual nature’. Employers will be expected to take preventative steps such as emphasising a culture of zero tolerance of sexual harassment within the workplace to minimise this.

Meanwhile, the new law will see employment tribunals have the power to increase compensation by up to 25% if they find an employer has breached this duty.

Sexual harassment – How to make a claim

If you have been a victim of sexual harassment, you may be entitled to claim compensation. At Oakwood Solicitors Ltd, our experienced team of employment solicitors will assist you with your claim and help you claim compensation for the damages you have suffered.

What is sexual harassment?

Sexual harassment is unwanted behaviour of a sexual nature that can violate someone’s dignity or create an intimidating, hostile, or offensive environment. It can be verbal, nonverbal, or physical.

Sexual harassment is a type of sexual violence – the phrase we use to describe any sexual activity or act that happened without consent. Other types of sexual violence include rape and sexual assault.

Sexual harassment includes an extensive range of behaviours, such as:

Sexual comments or noises – for example, catcalling or wolf-whistling.
Sexual gestures.
Leering, staring or suggestive looks. This can include looking someone up and down.
Sexual ‘jokes’.
Sexual innuendos or suggestive comments.
Unwanted sexual advances or flirting.
Sexual requests or asking for sexual favours.
Sending emails or texts with sexual content – for example, unwanted ‘sexts’ or ‘dick pics’.
Sexual posts or contact on social media.
Intrusive questions about a person’s private or sex life.
Someone discussing their own sex life.
Commenting on someone’s body, appearance or what they’re wearing.
Spreading sexual rumours.
Standing close to someone.
Displaying images of a sexual nature.
Unwanted physical contact of a sexual nature – for example, brushing up against someone or hugging, kissing or massaging them.
Stalking.
Indecent exposure.
Taking a photo or video under another person’s clothing – what is known as ‘upskirting’.

Sexual harassment and the law

Sexual harassment is a form of unlawful discrimination under the Equality Act 2010.

This means that people are legally protected from sexual harassment in certain places – for example, at work, on transport and at schools, colleges and universities.

So, if sexual harassment does happen in these places, victims and survivors have the right to take action to find a solution. This could include making a complaint or making a claim in the civil courts.

The Worker Protection Act

On 26 October 2024 the Worker Protection Act will come into force. The new law will mean that those who employ people will be subject to the preventative duty under the Worker Protection Act, which places a positive legal obligation on them to take reasonable steps to prevent sexual harassment of workers in the course of employment.

‘Reasonable steps’ could involve making sure suitable policies and procedures are in place, as well as more active measures. These measures could include making sure employees are made aware of these procedures when they join and at regular intervals thereafter. Training and evaluation of policies and procedures should be offered regularly and complaints should be dealt with effectively, efficiently and sensitively.

The preventative duty includes a duty to take reasonable steps to prevent sexual harassment by third parties, which will include the staff of other organisations and members of the general public. ‘Reasonable steps’ in this context could include policies and clear protocols for steps that will be taken to remedy a complaint or prevent it from happening again.

When is sexual harassment a crime?

Some forms of sexual harassment automatically break criminal law in England and Wales and are therefore crimes. These include:

Stalking
Indecent exposure
‘Upskirting’
Any sexual harassment involving physical contact (this amounts to sexual assault in English and Welsh law)

Other forms of sexual harassment might also break criminal law, depending on the situation. For example, if someone carries out sexual harassment behaviours on more than one occasion that are intended to cause another person alarm or distress, they may be committing the crime of harassment.

In cases of sexual harassment where a crime was committed, the following can happen:

Police can arrest the person who committed the crime.
This person can be charged with a crime and face trial.
If they are found guilty or plead guilty then they will receive a punishment. This might include a prison sentence.

Why should I use Oakwood Solicitors Ltd?

At Oakwood Solicitors Ltd, we understand that the last thing an individual wants to do is progress down a stressful claims experience. At Oakwood Solicitors, we want to take away the stress of progressing with a harassment claim while also helping you obtain the compensation you are entitled to.

Our case handlers have experience with dealing with traumatic incidents and have received training in dealing with vulnerable people.

We will agree to work on your claim on a ‘no-win, no-fee’ basis. The only time we will receive any money after an assault claim is if we bring your claim to a successful conclusion at which point we will take a pre-agreed percentage of your compensation. If your claim is unsuccessful, you will not be expected to pay us a penny.