Sexual Harassment in the Workplace

In a recent poll from the Unite Trade Union, 25% of employees who responded reported being sexually assaulted in the workplace: 43% of those stated they had been subject to inappropriate physical contact, whilst 34% of voters stated their employer does not enforce a zero-tolerance policy on sexual harassment in the workplace.

Following the changes in legislation from October 2024, companies now have an obligation to prevent sexual harassment in the workplace. Should an employee demonstrate that a company has failed to prevent an act of sexual harassment, they may be entitled to an extra 25% on top of any award in a successful tribunal claim.

Employees can raise a sexual harassment allegation against anyone associated with the business: this could include other employees, sub-contractors, agency workers, customers or other third parties.

Your duties as an employer include the following:

Clear Sexual Harassment Policy

Your company should have a Sexual Harassment Policy in place which clearly states types of behaviour which are not tolerated in the workplace. The policy should also identify the process which the company would follow to investigate any allegations of sexual harassment and what sanctions may be put in place should an employee breach the Sexual Harassment Policy. It would be best practice for this to be reviewed annually, in line with any internal changes in the business.

Risk Assessment

By completing a risk assessment for sexual harassment, the company can identify any situations which may be classed as high risk within different sectors of the company; for example, working with people outside the company such as customers or contractors. Identified risks can then be assessed and reviewed, with any necessary safeguarding measures being actioned by the company. This should be reviewed annually, in line with any internal changes in the business.

Employee Training

Companies are encouraged to complete training with all employees to raise awareness of sexual harassment. The company should clarify what is considered unacceptable behaviour in the workplace, how to report any issues to the company, the process of investigation for any allegation, and the potential repercussions for any person that breaches the Sexual Harassment Policy. Training should be reviewed annually.

Change in culture

It is evident from the Unite Trade Union poll that many employees still feel hesitant about bringing allegations of sexual harassment to their employer. Taking the above steps and changing your company’s culture where necessary will help reassure your employees that you operate a zero-tolerance policy on all forms of sexual harassment and that their safety and wellbeing are a clear priority.

By implementing these measures you can help make your workplace a safer and more productive environment, and protect your business against sexual harassment claims and allegations that your company was negligent in protecting employees from sexual harassment.

Note: In the event of an employee raising an allegation against another employee or the company, we would always advise you to contact your HR Advisor at Stallard Kane for further support.