Firms must prevent sexual harassment under new law

Employers must take steps to prevent sexual harassment in the workplace, under a new law.

The Worker Protection Act also states employers must discipline or hold accountable those who are found guilty of sexual harassment.

The new rules from 26 October include harassment via social media and also by customers and clients.

But what counts as sexual harassment and what should you do if you encounter it at work?

Sexual harassment is unwanted behaviour of a sexual nature, says Alison Loveday, an employment lawyer and business consultant at Lockett Loveday McMahon Solicitors in Manchester.

“It must have either violated someone’s dignity, whether it was intended or not, or created an intimidating, hostile, degrading, humiliating or offensive environment for them, whether it was intended or not.

“It can be a one-off act or a pattern of behaviour but it doesn’t have to be repeated,” she says.

According to the workplace experts Acas, examples include:

In the workplace it covers employees and workers, contractors and self-employed people, as well as job applicants.

The workplace in this context isn’t just “the office”.

“If an event or situation is in any way connected with work then it can fall under the workplace… and there could be a claim brought for sexual harassment,” says Ms Loveday.

“That could be a Christmas party, a client event or messaging between colleagues.”

If you have been subjected to sexual harassment you can submit a grievance to your HR department and have the right to have that complaint thoroughly investigated, regardless of the seniority of the individuals involved, says the Chartered Institute of Personnel and Development (CIPD).

Some companies allow for anonymous reporting of complaints or have digitised systems.

While allowing anonymity may encourage people to come forward, the CIPD’s head of public policy Ben Willmott says these types of investigations pose a “challenge” for HR departments as they cannot “operate in a vacuum if organisational leaders are failing to reflect company values or expected standards of behaviour”.

Michelle Last, employment partner at Keystone Law, says the new Worker Protection Act means “employers must take steps such as carrying out regular risk assessments to identify situations where sexual harassment may occur, implementing effective policies and procedures and training managers and staff on a regular basis”.

She says this also means ensuring allegations of sexual harassment are dealt with swiftly and effectively.

An employer must investigate any report made to them of sexual harassment.

Even if there has been a long time between the incident taking place and it being reported, the employer should still take it very seriously, says Acas.

But policies themselves are not sufficient, says Mr Willmott. Regular training for anyone responsible for people management is essential, he says.

The Equality and Human Rights Commission (EHRC) says, external “employers should anticipate scenarios when its workers may be subject to sexual harassment in the course of employment and take action to prevent such harassment taking place”.

This can include sexual harassment from:

It says firms should include appropriate warnings against online harassment and encourage workers to report it, even where such harassment takes place on personal devices.

Acas says, external firms should give training and create a culture where sexual harassment is reported, including carrying out anonymous surveys to understand people’s experiences of sexual harassment at work.

Acas also says when looking at preventing sexual harassment, firms should include higher risk factors like:

Unwanted posts or contact on social media are covered under the Worker Protection Act. Spreading sexual rumours about a person or sending sexually explicit emails or text messages can also be counted as sexual harassment.

The EHRC says sexual harassment may lead to disciplinary action up to and including dismissal if it is committed against a colleague or other person connected to the employer outside of a work situation, including on social media.

If you feel you have been wrongly accused, it’s important to be able to gather evidence – look at the allegations and see if you are able to challenge them. A log of events, transcripts of conversations, witnesses to your interactions are all important.

Employers should not presume the accusation is either true or false, says Acas. Someone who is accused of sexual harassment should be offered support and sensitivity, so the handling of the complaint is balanced.

Employment lawyer Michelle Last says: “Businesses can take disciplinary actions against the complainant up to and including dismissal. There could also be grounds for defamation. But the reality is that the substantial legal costs associated with taking it to court generally puts people off.”

Regardless of whether it is consensual, quite a few companies now have rules around workplace relationships. Either they don’t allow them or if you are in one you have to declare it, lawyer Alison Loveday says.

“Often it’s when the relationship has broken down that has resulted in claims or third-party claims.”

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