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Sexual Harassment

Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

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The Equality and Human Rights Commission (EHRC) has released updated guidance on the new sexual harassment legislation, which takes effect on October 26, 2024. This new guidance introduces a mandatory duty for employers to take “reasonable steps” to prevent sexual harassment in the workplace. Key points include:

1. Preventative Duty:

Employers must actively prevent sexual harassment by their own employees as well as third parties, such as clients and customers. This duty does not extend to other forms of harassment or discrimination under the Equality Act 2010​ (Clyde & Co)​​ (DLA Piper)​.

2. Enforcement and Compensation:

If an employer fails to meet this preventative duty, they could face enforcement actions by the EHRC. Additionally, employment tribunals can increase compensation by up to 25% in successful sexual harassment claims where the employer is found to have breached this duty​ (Equality and Human Rights Commission)​​ (DLA Piper)​.

3. Reasonable Steps:

What constitutes “reasonable steps” will vary depending on the size and resources of the employer. Steps may include conducting risk assessments, updating policies, training employees, and implementing effective reporting mechanisms​ (Equality and Human Rights Commission)​​

4. Consultation:

The EHRC is currently seeking feedback on the updated guidance, with the consultation period running until August 6, 2024​ (DLA Piper)​.

Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

Our HR comment:

Our Comments: – Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

Matthew Chilcott, Owner of Consensus HR comments: “We have written a number of blogs on this subject which can be seen below, and Employers are advised to proactively assess risks and implement measures to prevent sexual harassment, ensuring compliance with the new legal requirements by the October 2024 deadline​ whilst ensuring behaviours within their companies and its culture follows best practice and the law.”

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Updated guidance on the new sexual harassment legislation – Consensus HR in Herts, Beds

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Sexual Harassment

Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds

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Latest blog:

Understanding Sexual Harassment at Work:

Research shows that 58% of women have experienced sexual harassment, bullying or verbal abuse at work (Unison, 2023). This number increases to 62% of women aged 25 – 34 years.

In addition, a TUC (Trades Union Congress) poll found that in 39% of incidents, the perpetrator of the harassment was a third party rather than a colleague in the workplace. (Examples of third parties are clients and suppliers.) The TUC’s May 2023 poll also found that 43% of women have experienced three or more incidents of bullying at work.

Sadly, most victims don’t report sexual harassment as they fear they won’t be believed, or their working relationships and career prospects may be damaged.

Whilst most sexual harassment victims are female, it is important to note that one in ten complaints of sexual harassment in the workplace are from men. (The Diversity Dashboard.)

What kind of behaviour constitutes sexual harassment at work?

In simple terms, sexual harassment is unwanted behaviour by anyone in the workplace of a sexual nature against you.

This harassment can be verbal or non-verbal and may make you feel intimidated or uncomfortable and an individual does not have needed to object to a person’s behaviour for it to be considered unwanted.

Examples of sexual harassment include:

  • unwelcome sexual advances, propositions and demands for sexual favours
  • unwanted or derogatory comments or nicknames about clothing or appearance
  • leering and suggestive gestures and remarks or jokes
  • intrusive questioning or suggestions about your sex life or a colleague’s sex life, and discussing their own sex life
  • sexual posts or contact on social media
  • spreading sexual rumours about a person
  • sending sexually explicit emails or text messages
  • comments of a sexual nature about your or a colleague’s sexual orientation • comments of a sexual nature about your or a colleague’s gender identity
  • displaying offensive material, such as pornographic pictures or calendars, including those in electronic forms such as computer screen savers or by circulating such material in emails or via social media
  • ‘upskirting’ that typically involves someone taking a picture under another person’s clothing without their knowledge
  • predatory behaviour
  • coercion
  • physical contact such as the invasion of personal space and unnecessary touching, hugging or kissing through to sexual assault, indecent exposure, stalking and rape (although rape is defined as a separate criminal offence).

The Equality and Human Rights Commission describes sexual harassment:

“Sexual harassment occurs when a person engages in unwanted conduct of a sexual nature that has the purpose or effect of:

  • violating someone’s dignity, or
  • creating an intimidating, hostile, degrading, humiliating or offensive environment for them.”

Sexual harassment is unlawful under the Equality Act 2010.

Anyone who experiences sexual harassment at work in the UK is protected by Chapter 1, Section 11 of the Equality Act 2010 and can make a claim to an Employment Tribunal (ET) immediately regardless of length of service. The following characteristics are protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Compensation is usually based on any financial losses as well as injury to feelings and, in some cases, personal injury or aggravated damages.

Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds
Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds
Understanding Sexual Harassment at Work | Consensus HR, Herts, Beds

Our HR comment:

‘Employers need to ensure they know of any behaviours that may make members of the team feel uncomfortable and take the necessary action,” says Matthew from Consensus HR. “Initially, this may involve telling the individual to stop their behaviour immediately. If they persist, disciplinary action should be taken. All employees need to be fully aware of how they act at work, recognising that what they may see as acceptable behaviour may be felt as degrading or harassing by a colleague.

‘Companies need to ensure that line managers are aware of their responsibilities and employees should not be treated less favourably or involved in behaviour which can be seen as harassment, degrading or uncomfortable. It is up to everyone in the workplace to ensure this happens.

‘Every member of staff must understand that unacceptable behaviour will not be tolerated and will be dealt with accordingly.  Failure to act results in employers harming the reputation of the company and themselves. They need to remember that failure could result in an Employment Tribunal taking place, with the potential of a large, uncapped award being awarded to the employee.”

Would you like to know more about this important topic?

Has your business taken the necessary steps to prevent and deal with sexual harassment in your workplace?

Are you aware of the latest employment law updates?

Protect your business and your team members. Talk to the expert team at Consensus HR for honest, practical advice about employment law. Explore the options with an initial discussion, without any cost, pressure or jargon.

Do you need help with your HR and Employment Law?

If you find it hard to keep on top of HR and Employment Law changes and manage a team, give us a call / email now to talk about how we can help you Prevent People Problems. Consensus HR | Your Outsourced Human Resources & Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems.” – 01438 576750.
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Are you concerned about keeping your business up to date with Employment Law changes?

At Consensus HR, we ensure that our clients do not make assumptions when it comes to the performance / abilities of team members and that if identified, we seek the member of teams consent to write to a relevant medical professional to obtain support and advice and any reasonable adjustments needed to ensure what is possible is provided. If you manage a team / business and find it hard to keep on top of changing Employment Law and best practice and wish you could outsource it to a HR Charity for a small monthly investment, give us a call now for a non-obligatory conversation. Consensus HR | Your Outsourced Human Resources and Employment Law Department. | “Helping companies take the pain out of managing people whilst Preventing People Problems – 01438 576750.
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Former male ‘period dignity officer’ settles discrimination case | Consensus HR | Herts, Beds

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Former male 'period dignity officer' settles discrimination case | Consensus HR | Herts, Beds

A male “period dignity officer” who lost his job after a global backlash has settled his sex discrimination case out of court. Jason Grant, a former personal trainer, sued the partnership that hired him last year. The £35,000-a-year role was abolished weeks later after claims of threats and abuse. Grant alleged that he was removed from the post because he was a man, which would constitute a form of sex discrimination under the Equality Act. The Tribunal Service confirmed that Grant’s case had been settled out of court. No details of the agreement have been made public. Grant was selected last year for a role that would have involved discussing sanitary products with students in schools and colleges in the Tayside region. He was appointed by a working group comprising representatives from Dundee and Angus College, Perth College, Angus council and Dundee city council.

 

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Our HR comment: Former male ‘period dignity officer’ settles discrimination case | Consensus HR | Herts, Beds

Matthew P Chilcott, FCIPD, ACEL, Owner of Consensus HR comments: “This was a news article I saw when watching the six o’clock news yesterday and demonstrates how the requirements of a role resulted in discrimination taking place in relation to discussing sanitary products by a male.  This case was settled out of court, but I can only imagine how much was agreed in settlement under the Equality Act 2010.  Yes, Grant was a man, but could he have not fulfilled the duties of the role and discussed sanitary products with students in colleges and schools?  If the correct Recruitment and Selection strategy has been followed to best practice and the law, then regardless of whether he was a man or not, was he the right person for the role?  In this ever-changing world where when I was young you would never see adverts for sanitary products or condoms but today, they are rightfully advertised throughout the day on TV, and it is part of live, why should it not be the norm that a man can be involved in discussing it?  The Equality Act 2010 is key when it comes to Equality and Diversity in the workplace which is applicable from day one of employment and if proven unlimited awards can be awarded.  We recently wrote a blog on this Act, which can be found by clicking here: One in five Britons have faced workplace discrimination.

Former male 'period dignity officer' settles discrimination case | Consensus HR | Herts, Beds

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Former male 'period dignity officer' settles discrimination case | Consensus HR | Herts, Beds

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