In 2024, the Trade Unions Congress (TUC) found that 60% of women, 70% of LGBTQIA+ and 18% of male workers had experienced sexual harassment in the workplace or work related settings. Sexual harassment is far more widespread than most people think. However, only 1 in 5 reported the harassment to their employer. In light of the Workers Protection Act, what can employers do to respond to and prevent sexual harassment in their workplace and work-related settings?
What is Sexual Harassment?
Sexual harassment is defined under the Equality Act 2010 as unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Harassment can occur even with one-off or multiple incidents, and its impacts can be long-lasting.
Crucially, it’s the survivor’s experience that matters. Even if someone doesn’t intend to harm another person, their behaviour can still be considered harassment if it makes someone feel unsafe or uncomfortable. Furthermore, unwanted sexual behaviour doesn’t need to be intentionally directed at the survivor – it can even be something they witness or overhear.
Sexual harassment can range from subtle behaviours to overt acts, however, every form has significant implications. While abhorrent in its most extreme forms, sexual harassment can be nuanced, institutionalised, and pervasive, and have far-reaching impacts in its less obvious forms – impacting individuals and the workplace as a whole. The consequences can be both immediate and pervasive, creating far-reaching impacts on individuals, workplace cultures, and society.
Sexual harassment can happen to anyone, regardless of gender, job role, or location. It does not discriminate based on someone’s position in the organisation – everyone in the workplace, from employees to contractors, and from managers to interns, can be affected. Whether it occurs between colleagues, from a supervisor to a subordinate, or from a customer or client, the impacts of sexual harassment are far-reaching.
At its core, sexual harassment is about power and control. It is intended to intimidate, coerce, or degrade another person. Power and control underpin all forms of sexual harassment. It is about exercising power over and control of the individual.
Sexual harassment includes a wide range of behaviours – both verbal and non-verbal – and can happen in person, on the phone, via text or email, and online.
The Main Types of Harassment
Verbal Sexual Harassment: Verbal sexual harassment can be any form of spoken behaviour that is sexual and unwanted.
Examples include:
- Sexual jokes or innuendo.
- Comments on someone’s appearance or body.
- Sexual remarks disguised as compliments.
- Unsolicited requests for sexual favours or proposals.
- Suggestive or demeaning remarks.
Legal Considerations: Verbal harassment crosses the line when it creates an intimidating or hostile environment for the person on the receiving end. The Equality Act 2010 does not require an overt threat but considers any conduct that might make someone feel uncomfortable, unsafe, or degraded.
Non-Verbal Sexual Harassment:
Non-verbal sexual harassment includes behaviours that communicate sexual messages without direct words.
Examples include:
- Sexual gestures or suggestive body language.
- Staring, leering, or winking.
- Sending explicit or inappropriate images.
- Displaying sexually explicit content or images.
Digital and Online Harassment: This type of behaviour includes inappropriate DMs, tagging people in sexual content, or sending repeated messages after being asked to stop, This type of harassment is equally damaging and requires legal attention and workplace policies.
Physical Sexual Harassment:
Physical harassment involves unwanted physical contact or actions.
Examples include:
- Unwanted touching, hugging, or groping.
- Forced proximity or standing too close.
- Unwanted “accidental” brushing against someone.
Distinguishing Sexual Harassment and. Sexual Assault: While both are forms of sexual violence, sexual harassment may not necessarily involve physical assault. Sexual assault includes acts like rape or attempted rape, whereas sexual harassment includes unwanted conduct. Both can overlap, and it’s important to support survivors through both legal and emotional processes.
Workplace Sexual Harassment:
Workplace sexual harassment is any form of harassment that takes place in the workplace or work-related settings. According to the Office for National Statistics (2023), 1 in 4 people who experience sexual harassment reported it happening in their place of work.
Examples include:
- Hostile Work Environment: When sexual harassment becomes pervasive, it creates a toxic atmosphere where employees feel unsafe, uncomfortable, or humiliated.
- Quid Pro Quo Harassment: This occurs when an employee is pressured with job benefits, promotions, or perks in exchange for sexual favours.
Employer Responsibilities and Legal Liabilities: Employers have a duty under the Workers Protection Act to prevent harassment in the workplace. They must take immediate action to address harassment and ensure that survivors have access to support and justice. Failure to act can lead to legal and financial consequences for the organisation.
Public and Online Sexual Harassment:
Sexual harassment also occurs outside of formal work environments, in public spaces, or online.
Examples include:
- Street Harassment: Includes catcalling, inappropriate advances, or unsolicited comments made in public spaces.
- Social Media and Cyber Harassment: This includes the sharing of explicit content without consent, online stalking, or sending abusive and threatening messages.
- Flashing or indecent exposure in public places.
Laws Covering Public and Digital Sexual Harassment: Various legal protections exist for harassment that occurs in public and online spaces. These laws cover acts such as cyberstalking, image-based sexual abuse, and the non-consensual sharing of explicit material. More robust protections are being created as digital platforms evolve.
Legal Protections Against Sexual Harassment
Under UK law, sexual harassment is prohibited by the Equality Act 2010. The Workers Protection Act 2023 extends these protections by requiring employers to take proactive measures to prevent harassment. The Workers Protection Act establishes a new legal obligation for employers to take “reasonable steps” to prevent sexual harassment of their employees in the workplace. This shifts the focus from responding to incidents to actively preventing them from occurring and ensuring a harassment-free environment.
The most recent ONS data also shows that women aged 16-24 are the most likely to experience sexual harassment – with 23% reporting it in 2023. This highlights the urgent need for both proactive employer training and a shift in workplace culture.
Anticipatory nature of the duty:
The duty is anticipatory, meaning employers should act proactively to prevent sexual harassment before any incidents occur. This includes identifying potential risk situations and implementing preventive measures.
Workplace Procedures: Employers are expected to –
- Develop and implement comprehensive anti-harassment policies that are clearly communicated to all employees.
- Provide regular training on sexual harassment prevention to help employees understand what constitutes harassment and how to recognise and respond to it.
- Establish clear reporting mechanisms so that employees know how and where to report incidents of sexual harassment.
- Take prompt action to address reported incidents and conduct fair investigations to resolve the issue.
- Offer support for survivors, ensuring they have access to appropriate resources, counselling, and protections as needed.
Third-party harassment: Employers are now liable for harassment by third parties (such as clients, customers, or contractors) if they have not taken reasonable steps to prevent it. This means they are responsible for implementing measures to protect employees from harassment originating outside the workforce.
Financial consequences: The Act strengthens employer accountability by broadening liability for harassment and reducing the burden on employees to prove harassment, encouraging employers to be proactive in safeguarding workplace culture. If an employment tribunal finds that an employer failed to take reasonable steps to prevent sexual harassment, it can order the employer to pay up to a 25% increase in any compensation awarded for sexual harassment claims.
Together, these laws ensure that employers have a duty to create safe and respectful work environments, taking action against both direct and third-party harassment.
Supporting Survivors: How to Respond to Disclosures and Create a Safe Workplace Culture
understanding. The way we respond is as important as what we say. Here’s how to effectively respond while ensuring the survivor feels heard, supported, and empowered…
Before Responding – Create Safer Spaces for Disclosures: Before any disclosure is made, it’s essential to create an environment where individuals feel safe to speak up. This might involve:
- Open-Door Policy: Ensure employees know they can always raise concerns in a supportive environment.
- Supervision and Line Management Meetings: Incorporate questions to check how team members are feeling.
- Staff Surveys and Exit Interviews: Encourage open dialogue about workplace dynamics.
These steps foster a culture where employees feel comfortable disclosing sensitive information.
Step 1 – Responding with Active Listening and Empathy: When a survivor discloses harassment, it’s crucial to respond with care.
- Active Listening: Allow the survivor to share at their own pace. Focus on their words without interruption or judgment. Make sure they feel heard.
- Empathise and Validate: Acknowledge their experience with compassion. Thank them for sharing, reassure them that what they’re feeling is valid, and normalise their emotions to reduce shame and isolation.
- Clarify and Reflect: Repeat what they’ve said in their own words to ensure understanding, but don’t press for additional details if they’re not ready to share.
- Transparency and Honesty: Be clear about confidentiality and your duty of care. Avoid promising complete confidentiality if you have a legal or safeguarding obligation to share the information. Also, provide realistic timeframes for next steps, even if they may be lengthy, to help manage expectations.
- Respect Boundaries: Ensure you respect the survivor’s wishes. If they don’t want to pursue a particular course of action, respect that decision. Set clear boundaries around your availability and ensure they feel comfortable with how they’re contacted.
Step 2 – Safety Check-In: After the disclosure, it’s essential to check the survivor’s immediate safety.
- Consult with your Safeguarding Lead or HR Representative: Ask them for advice before taking action.
- Safeguarding and Legal Obligations: Be clear about your responsibilities regarding confidentiality. Explain that while you’ll try to keep their information private, there may be situations where you’re legally required to share it (e.g., to prevent harm to others). Let them know how information will be shared and who will have access to it.
- Seek Advice: If unsure about your next steps, consult with your line manager or HR for guidance.
Step 3 – Documenting the Disclosure: Accurate documentation helps ensure accountability and clarity in the process.
- Document the Conversation: Record the survivor’s statement as soon as possible, including key details and their language. Avoid including personal opinions or interpretations.
- What to Record: Include the date of the disclosure, the nature of the incident, all actions taken, and the survivor’s preferences for next steps. Encourage the survivor to document their experience as well, if they’re comfortable doing so.
- Avoid speculation: Stick to factual information shared directly by the survivor.
Step 4 – Reporting the Incident: A disclosure may not always result in a formal report. It’s important to respect the survivor’s autonomy in making decisions.
- Empower the Individual: Ensure the person disclosing feels in control of both the dialogue and the decisions they choose to make.
- Informed Choices: Survivors should be informed about their options, including whether to make a disclosure or a report. They should always be presented with avenues of support and empowered to make their own decisions without feeling pressured to report in an official capacity.
- No Obligation to Report: Survivors should be informed they are not obligated to report the incident, and they can simply access support from our service from a wellbeing perspective.
Step 5 – Provide Ongoing Support: Continuing to support the survivor is essential to their recovery and well-being.
- Access to Support Services: Connect the survivor with resources such as helplines, counselling, or legal assistance. Make sure they have the tools and support they need moving forward.
- Ongoing Check-ins: Maintain regular communication to ensure the survivor feels supported and informed about the next steps. Always respect their boundaries regarding how they want to be contacted and updated.
How Bystanders Can Help
We are all bystanders, and we all share responsibility to look out for each other and challenge inappropriate behaviour. When we see harassment or discrimination, we have a choice: to remain a Passive Bystander or to step up and become an Active Bystander.
Research shows that Bystander Interventions can be an effective way to prevent incidents from escalating. Bystanders can help stop harassment before it happens and reduce the risk of harm. It is important to intervene safely and offer support to those in need.
Here are five steps to becoming an Active Bystander:
- Notice the Event: Pay attention to what’s happening around you. Look for patterns of behaviour that could indicate harassment or inappropriate conduct. Being aware of your surroundings is key to identifying potential issues early.
- Interpret: Recognise that the situation might be harassment. If you feel uncomfortable or notice behaviours that could be harmful, assess whether intervention is necessary.
- Feel Responsible: Take responsibility for stepping in. Understand that others may also feel uncomfortable but be reluctant to act. Your involvement can empower the person experiencing harassment.
- Apply Knowledge and Skills: Use your judgement to decide the safest and most effective way to respond.
- Act: Take action, whether it’s checking in with the person involved or asking for help from others to intervene. Your support can make a difference.
Preventing Sexual Harassment
An effective implementation framework is crucial to ensuring that sexual harassment is proactively addressed in the workplace. By establishing a clear strategy and engaging with all workers, organisations can prevent harassment and create a safer, more supportive environment for everyone.
Here are ICENA’s top tips on preventing sexual harassment:
- Engage Workers: Begin by understanding the baseline climate in your organisation. Using tools such as an anonymous climate survey helps assess the current perceptions and experiences of your workforce regarding sexual harassment. This feedback can provide valuable insight into the areas that need improvement and inform the next steps.
- Assess Workplace Risks: Conduct a thorough workplace risk assessment to identify specific factors contributing to harassment. Using a Sexual Harassment Checklist and other tailored assessment tools ensures that your policies and practices are aligned with the needs and challenges of your workplace.
- Develop a Policy: Crafting a clear and comprehensive sexual harassment policy is a vital step. This policy should outline what constitutes harassment, the consequences of such actions, and the steps for reporting.
- Training and Communication: A robust training and communication programme is essential. Training should be delivered to all employees, including agency workers, freelancers, and contractors. It is vital to communicate your organisation’s stance on sexual harassment through induction, onboarding, and ongoing education. This ensures that everyone understands their role in creating a harassment-free workplace.
- Monitor and Evaluate: Regularly monitor the effectiveness of your policies and actions. Conduct evaluations to assess how well your anti-harassment measures are working and identify areas for improvement. This helps to create a continuous feedback loop that supports long-term change.
Creating Safer Workplaces Starts with You
Preventing sexual harassment isn’t a one-time fix – it requires consistent effort,engagement, and cultural change. It starts by empowering your team, challenging harmful behaviours, and building trust through transparency and action.
At ICENA, we support organisations to go beyond compliane – creating safer, more inclusive workplaces through expert-led training, policy development, and ongoing consultancy.
Ready to take the next step?
Get in touch with ICENA to access tailored support, practical tools, and guidance that puts people first – because everyone deserves a workplace where they feel respected, safe, and heard.
