Sexual harassment at work

Sexual harassment is unwanted behaviour of a sexual nature. 

The Equality Act 2010 protects men and women against sexual harassment at work. 

The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into effect in October 2024 and introduced new laws to prevent sexual harassment in the workplace. 

All employers now have an additional legal duty to take reasonable steps to prevent sexual harassment of anyone in their employment, which covers both employees and workers.

The issue 

Experiencing sexual harassment at work can have a serious impact on an individual. It can often lead to work-related stress and illness, affecting individuals at work and at home.

Sexual harassment is predominantly experienced by women and committed by men and is therefore considered to be a workplace gender equality issue. Around one third of women say their careers have been affected by sexual harassment (Randstad 2022).

It can affect a woman’s career choices, directly or indirectly, reinforcing occupational segregation and continuing the gender pay gap.

It is also important to note that and almost 68 per cent of lesbian, gay, bisexual and trans people reported being sexually harassed at work (TUC 2019).

However, it can often be a hidden problem: two thirds of those who were harassed did not report it because of worries about ‘outing’ themselves at work. 
The new duty recognises that sexual harassment is not just about the unacceptable behaviour of a few individuals but instead is about a culture within workplaces where acts and behaviours can affect the safety and wellbeing of, mostly, women, which can often be tolerated or treated as normal.

The Equality and Human Rights Commission (EHRC) Technical Guidance on sexual harassment and harassment at work explains that the Act therefore introduces “a positive and proactive duty designed to transform workplace cultures”.

What is sexual harassment?

The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature, which has the purpose or effect of either violating an individual’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. It also includes treating someone less favourably because they have rejected or submitted to unwanted conduct of a sexual nature, or that is related to gender reassignment or sex.

Sexual harassment is a type of unlawful discrimination, and the law applies to the following people:

• employees and workers
• apprentices
• contractors and self-employed people hired to personally do the work
• job applicants.

There are many examples of behaviour that would amount to sexual harassment and case law has interpreted this widely. It can be a pattern of behaviour, or a single incident can be found to be harassment. When considering the purpose or effect of the conduct, a largely subjective approach is taken based on the point of view of the complainant. 

Examples of behaviour that would amount to sexual harassment include sexual jokes or comments, sending sexually explicit messages or displaying sexually graphic images, unwanted posts or contact on social media, spreading sexual rumours about a person, or unwelcome physical conduct.

A new duty to prevent sexual harassment

The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a new specific duty for employers to be proactive and systematic in preventing and tackling sexual harassment at work.

The Equality Act 2010 does not provide for standalone protections against third party harassment but the new duty to prevent sexual harassment requires employers to take reasonable steps to prevent their workers from being subjected to sexual harassment by third parties, for example people they may come into contact with at work, for example visitors, members of the public, customers, or contractors.

The duty applies to conduct that takes place in the course of employment. This means that is applies beyond the normal place of work, for example, off-site or on a training course, or at an external meeting or a social event that is connected with work.

If the harassment has already occurred, the preventative duty means that employers should take action to prevent it reoccurring.

It is important to note that the new duty is in addition to the existing protections in the Equality Act 2010 which protects workers from discrimination, harassment, and victimisation.

What should employers do?

Internal resources

• Diverse by Design: an organisational development approach to embedding fair values, systems, and behaviours in local government organisations.

External resources 

• Equality and Human Rights Commission – sexual harassment at work: technical guidance
• Equality and Human Rights Commission – Employer 8-step guide: Preventing sexual harassment at work
• ACAS – preventing sexual harassment