Sexual Harassment and Domestic Abuse Resources and Support

New Law Gives Bystanders a Central Role in Preventing Sexual harassment

Communities Inc have shared the following information on the new "The Worker Protection (Amendment of Equality Act 2010) Act 2023" which can into force 26th OCtober 2024 which places a new duty on employers to take reasonable steps to prevent sexxual harassment. 

The Act says all employers MUST take steps to prevent sexual harassment happening in the first place and not wait for it to happen.

Not doing so could lead to:

• The Equality and Human Rights Commission taking action
• Any successful claim at a tribunal could be increased by 25%

What is Sexual Harassment?

Sexual harassment can happen to men, women and people of any sexual orientation. It can be carried out by anyone of the same sex, another sex or anyone of any sexual orientation.

You could experience sexual harassment from anyone you come into contact with because of your job, including:

• someone you work with
• a manager, supervisor or someone else in a position of authority
• 3rd parties – for example customers, clients and members of the public

Sexual harassment is unwanted behaviour of a sexual nature and must have either:

• violated someone's dignity, or
• created an intimidating, hostile, degrading, humiliating or offensive environment for someone

It can also be sexual harassment if it has one of these effects even if it was not intended.

Examples of Sexual Harassment:

• making sexual remarks about someone's body, clothing or appearance
• asking questions about someone's sex life
• telling sexually offensive jokes
• making sexual comments or jokes about someone's sexual orientation or gender reassignment
• displaying or sharing pornographic or sexual images, or other sexual content
• touching someone against their will, for example hugging them
• sexual assault or rape

Sexual harassment and the Worker Protection Act: are you compliant?

What are employers expected to do?

Employers must take steps to prevent sexual harassment as they can be held responsible for the behaviour of their employees.

Employers also have a responsibility, a ‘duty of care’ (to look after the wellbeing of their employees). Any breach of this could lead to them facing a claim of sexual harassment.

Employers should:

• Consider the risks of sexual harassment happening in their organisation
• Consider steps they could take to reduce the risks of sexual harassment happening
• Consider which of those steps are reasonable to take
• Take those steps

Examples of the actions employers are considered to take is:

• Inform and train staff on recognising and understanding sexual harassment and how they could respond if they witness it
• Creating a workplace culture that promotes inclusion, sets out expected behaviours and addresses sexual harassment effectively when it occurs

If you see someone being sexually harassed at work, there are several things you can do

Key role for witnesses
If you see someone being sexually harassed at work, there are several things you can do.
You could:

• Step in and stop it 
• Support a complaint made by the person who experienced the sexual harassment
• Report what you've seen or experienced
• Give evidence as a witness, for example as part of a grievance procedure

You can also make a sexual harassment complaint yourself because what you've seen has violated your dignity or created an intimidating, hostile, degrading, humiliating or offensive environment for you.