Employers in the UK now have a legal duty to take reasonable steps to prevent sexual harassment and create a safe working environment.

The new duty under the Equality Act 2010 will now require employers to “anticipate when sexual harassment may occur and take reasonable steps to prevent it”. If sexual harassment has taken place, an employer should take action to stop it from happening again.

Such harassment can take many forms. It can be a one-off incident or an ongoing pattern of behaviour. It can happen in person, or online in meetings, over email, social media or messaging tools.

To be sexual harassment, the unwanted behaviour must have either violated someone's dignity; and/or created an intimidating, hostile, degrading, humiliating or offensive environment for someone. It can be sexual harassment if the behaviour has one of these effects, even if it was not intended; or intended to have one of these effects, even if it did not have that effect.

The Equality Act 2010 also covers other types of harassment. This includes harassment related to certain 'protected characteristics' – for example sex and sexual orientation; and less favourable treatment because of how someone responded to previous sexual harassment.

A recent survey from the Institute of Business Ethics points to a generational divide in willingness to report such misconduct. Younger employees aged 18-34 are more likely to raise concerns compared with colleagues aged 35-54, and those aged 55 and above.

Guidance for employers on developing appropriate plans and policies has been published by the Advisory Conciliation and Arbitration Service and the Equality and Human Rights Commission. This includes what behaviour needs to be addressed and how complaints should be handled, to help employers protect their staff and avoid tribunals.


The Acas guide can be found here: https://www.acas.org.uk/sexual-harassment

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