Cecily Zamora
Sexual harassment is any unwanted behaviour of a sexual nature that makes someone feel upset, scared, offended or humiliated, or is meant to make them feel that way. In the UK, some forms of sexual harassment automatically break criminal law in England and Wales and are therefore crimes. The Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force in October 2024, introduced a new duty for employers to take 'reasonable steps' to prevent sexual harassment of their employees. This includes creating a safe working environment and fostering a culture of inclusivity, dignity and respect.
| Characteristics | Values |
|---|---|
| Legal Definition | Unwanted sexual behaviour that makes someone feel upset, scared, offended or humiliated |
| Who decides if it's unwanted | The person receiving the sexual behaviour |
| One-off incident | Yes, a single incident can give rise to harassment |
| Intentional behaviour | No, it can be something the victim overhears or witnesses |
| Protection under the law | Equality Act 2010 |
| Protection at work | Worker Protection (Amendment of Equality Act 2010) Act 2023 |
| Responsibility of employers | Employers are vicariously liable for the actions of their employees and must take reasonable steps to prevent sexual harassment |
| Action by employers | Investigate the matter, provide training, and take action |
| Action by employees | File a discrimination complaint or an employment tribunal claim |
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What You'll Learn
Sexual harassment in the workplace
The Equality Act 2010 provides legal protections against sexual harassment in the workplace. The Act defines sexual harassment as:
> "unwanted conduct specifically of a sexual nature or related to gender reassignment and has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for the complainant or violating his or her dignity."
The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a new duty for employers to take 'reasonable steps' to prevent the sexual harassment of their employees. This includes anticipating when sexual harassment may occur, creating a safe working environment, and fostering a culture of inclusivity, dignity, and respect. Employers are vicariously liable for sexual harassment committed by their employees during their employment. If an employer fails to take reasonable steps to prevent sexual harassment, they may face an uplift in compensation of up to 25% in the event of a successful employment tribunal claim.
If an employee feels they have been subjected to sexual harassment in the workplace, they can make a complaint or take legal action. It is recommended that employers have effective harassment policies and provide information and training to their staff to prevent and address sexual harassment.
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The Equality Act 2010
In the UK, sexual harassment is defined as any unwanted behaviour of a sexual nature that makes the recipient feel upset, scared, offended, or humiliated. It is a form of sexual violence, and it is covered by the Equality Act 2010. The Act provides legal protections against sexual harassment in the workplace, and it applies to all employment relationships.
Under the Equality Act 2010, employers have a legal duty to take reasonable steps to prevent sexual harassment of their employees. This includes anticipating scenarios where workers may be subject to sexual harassment and taking proactive measures to prevent it. Employers can be held responsible for the actions of their employees, and they must also address any complaints of sexual harassment promptly and fairly. If an employer fails to take reasonable steps to prevent sexual harassment, they may face legal consequences, including enforcement action from the Equality and Human Rights Commission (EHRC).
Additionally, the Equality Act 2010 protects individuals who make complaints of sexual harassment. If an individual is treated badly or less favourably because they rejected or submitted to sexual harassment, this is also considered harassment under the Act. This protection extends to anyone assisting with a claim or allegation that the Act has been breached.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 further strengthens the law by specifically focusing on preventing sexual harassment. It is designed to transform workplace cultures and ensure employers take proactive measures to create safe working environments for their employees.
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Criminal law
Sexual harassment is any unwanted behaviour of a sexual nature. It is defined by the Equality Act 2010 as "unwanted conduct specifically of a sexual nature or related to gender reassignment and has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for the complainant or violating his or her dignity".
Some forms of sexual harassment automatically break criminal law in England and Wales and are therefore crimes. These include any sexual harassment involving physical contact, which amounts to sexual assault in English and Welsh law. Other forms of sexual harassment may 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 has been committed, the 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, they will receive a punishment, which may include a prison sentence.
In the context of employment, sexual harassment occurs when a person engages in unwanted conduct of a sexual nature that violates another person's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment for that person. Employers are now required to take reasonable steps to prevent sexual harassment of their employees and create a safe working environment. This includes implementing effective harassment policies and providing information and training to staff. If an employer has reason to believe that sexual harassment is taking place, it should investigate the matter and take action if necessary, without waiting for a formal complaint to be made.
In conclusion, while not all forms of sexual harassment are criminal offences, some do break criminal law in England and Wales and can result in arrest, charges, trial, and punishment for the perpetrator. Employers also have a legal duty to take reasonable steps to prevent sexual harassment in the workplace and can be held vicariously liable for any sexual harassment committed by their employees.
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Victim blaming
In the context of sexual harassment, victim blaming can take many forms. For example, victims may be blamed for what they were wearing, their actions, being in the wrong place, or their personality. These implicit biases, which are influenced by one's own experiences, moral judgments, and cultural beliefs, shift the focus from the abuser to the survivor. Sexist attitudes have also been associated with sexual harassment myths. For example, an Italian study found that students with increased hostility towards women and more negative views of the female gender believed in rape myths disproportionately more than students without such sexist viewpoints.
Additionally, victim blaming can reinforce what the abuser has been saying, placing the responsibility for fixing the situation on the victim. By engaging in victim-blaming attitudes, society allows the abuser to perpetrate relationship abuse or sexual assault while avoiding accountability for their actions. It is important to challenge victim-blaming attitudes and instead believe survivors, let them know it is not their fault, report incidents, and not make excuses for the abuser.
In the United Kingdom, sexual harassment is defined as any unwanted sexual behaviour that makes someone feel upset, scared, offended, or humiliated, or is intended to make them feel that way. It is protected against by the Equality Act 2010, which states that it is the person receiving the sexual behaviour who decides if it is unwanted, not the person doing the behaviour. This law applies to sexual harassment in the workplace, with employers having a duty of care to take reasonable steps to prevent sexual harassment and create a safe working environment. Despite these protections, sexual harassment remains a prevalent issue, with many incidents going under-reported due to fears of not being believed or protected.
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Employer liability
In the UK, the Equality Act 2010 provides legal protections against sexual harassment in the workplace. The Act defines sexual harassment as "unwanted conduct specifically of a sexual nature or related to gender reassignment and has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for the complainant or violating his or her dignity." This definition covers a wide range of behaviours, from serious sexual assault to sex-based comments or jokes that create a hostile or offensive environment.
Employers have a legal duty of care to their employees and must take reasonable steps to prevent sexual harassment and create a safe working environment. This includes implementing effective harassment policies, providing information and training to staff, and fostering a culture of inclusivity, dignity, and respect. Employers are vicariously liable for sexual harassment committed by their employees in the course of their employment. This means that if an employee commits an act of sexual harassment, the employer can be held responsible for their actions, even if the employer was not directly involved in the incident.
If an employer has reason to believe that sexual harassment is taking place, they should investigate the matter and take appropriate action, regardless of whether a formal complaint has been made. This can include disciplinary action against the perpetrator, changes to workplace policies or practices, or additional training and communication to staff about the importance of respectful behaviour.
In the event of a sexual harassment claim, employment tribunals can order an uplift in compensation paid to the employee if the employer is found to have breached their duty to prevent harassment. The amount of uplift, up to a maximum of 25%, should reflect the severity of the breach.
It is important to note that employers can defend themselves against claims of vicarious liability by demonstrating that they took "all reasonable steps" to prevent sexual harassment from occurring. This defence, however, is rarely used successfully.
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Frequently asked questions
Sexual harassment is any unwanted behaviour of a sexual nature that makes someone feel upset, scared, offended or humiliated, or is meant to make them feel that way.
Sexual harassment in the workplace can take many forms, ranging from serious sexual assault to sex-based comments that one party may find amusing but the recipient feels are degrading. An example of workplace sexual harassment is an employer displaying material of a sexual nature, such as a topless calendar, which creates an offensive environment for employees.
The Equality Act 2010 provides legal protections against sexual harassment in the workplace. Employers have a duty to take reasonable steps to prevent sexual harassment and create a safe working environment. If an employer is found liable for sexual harassment, a tribunal can order an uplift in compensation paid to the employee.
If you are being sexually harassed at work, you can contact the Acas helpline for advice. You can also make a complaint against your employer or the individual responsible for the harassment. Discrimination complaints and employment tribunal claims can be made against individuals as well as employers.
