UK Sexual Harassment Legislation Explained

• Multiple acts cover sexual harassment law in the UK. The most important is the Equality Act 2010, which defines sexual harassment and makes employers liable for their employees’ offensive behaviour.
• The Worker Protection Act 2023 requires employers to identify and manage harassment risks, including risks of harassment from third parties.
• Other relevant laws include the Protection from Harassment Act, Sexual Offences Act and Health and Safety at Work Act.
• Employers must take reasonable steps to prevent harassment, including setting clear policies, providing training and conducting risk assessments.

Sexual harassment is unwanted sexual behaviour that either violates someone’s dignity or creates a hostile, intimidating, humiliating, offensive or degrading environment.

This is a broad definition that covers many types of harassment in many different mediums. Examples include:

• Making suggestive comments
• Telling sexually explicit jokes
• Sending inappropriate texts or emails
• Sharing graphic or sexually suggestive images
• Asking someone out repeatedly after being turned down
• Touching someone without consent
• Discussing someone’s sex life
• Invading someone’s personal space

Whatever the specific behaviour, if it’s unwanted, upsetting and of a sexual nature, it qualifies as sexual harassment.

It’s also important to note that “upsetting” covers both intention and reception. Unwanted sexual behaviour counts as harassment if:

• It upsets someone, regardless of intention
• It was intended to upset someone, regardless of the effect

These stipulations stop people from defending their offensive behaviour as banter, compliments of “harmless” jokes. They also ensure that people intending to upset someone face consequences, even if their target shrugs it off.

As mentioned, there’s no central piece of sexual harassment legislation in the UK. However, several acts include provisions related to sexual harassment and its prevention in the workplace.

Below, we’ve highlighted the most important acts and what they mean for employers.

The Equality Act 2010 is the most important piece of sexual harassment legislation. It set the legal framework for sexual harassment at work and established the Equality and Human Rights Commission (EHRC), which has the power to enforce the Act.

There are three types of sexual harassment made illegal by the Act:

• Sexual behaviour that relates to one or more “protected characteristics” defined in the Act (most notably sex, sexual orientation and gender reassignment).
• Sexual behaviour that causes distress, even if it’s unrelated to a protected characteristic.
• Discrimination based on someone accepting or rejecting sexual advances.

The Equality Act 2010 also implemented “vicarious liability,” which makes employers liable for any acts of sexual harassment committed by their staff in the course of employment. So, if an employee experiences sexual harassment at work, you may be found liable.

Employees who have experienced (or witnessed) sexual harassment have the right to bring their complaint to an employment tribunal. Complaints can be made against the individual accused of harassment or their employer, since employers are technically liable.

If complaints against you are successful, you’ll be forced to pay compensation. There’s currently no upper limit to what you can pay.

You can only avoid liability if you can prove “reasonable steps” had been taken to prevent the harassment.

The Worker Protection Act 2023 (WPA) is an amendment to the Equality Act 2010. It extends the employer’s duty to protect their staff from sexual harassment.

Now, you must anticipate when employees are at risk of harassment and take reasonable steps to prevent it. Or, if harassment has already happened, you need to prevent it from repeating.

It’s hoped this new proactive approach will do more to stop sexual harassment than the reactive approach outlined in the Equality Act 2010.

To comply with the WPA, you must:

• Identify all sexual harassment risks your employees face, including harassment from third parties or at work-related events.
• Take reasonable steps to manage any identified sexual harassment risks.

To underline the seriousness of these new duties, the WPA also introduced new consequences for non-compliance.

The EHRC can take action against you if you fail to implement protections against harassment, even if harassment hasn’t actually happened. You can also be forced to pay 25% more on successful compensation claims, which are already uncapped.

You can read more about the Worker Protection Act here.

Sexual harassment legislation also includes the following acts.

The Protection from Harassment Act 1997 was introduced to tackle stalking, but it covers all forms of behaviour that cause alarm or distress. This definition can apply to sexual harassment.

The Sexual Offences Act 2003 covers more serious criminal sexual harassment. Physical harassment, such as non-consensual touching, can be prosecuted under this act.

The Health and Safety at Work Act 1974 (HSWA) doesn’t contain specific laws on harassment but is worth mentioning.

Under the HSWA, employers must protect their workers from physical and psychological harm. Sexual harassment can cause distress, anxiety, depression and post-traumatic stress disorder. Therefore, it’s arguable that your duty of care includes preventing sexual harassment.

The most important thing is to be proactive in preventing sexual harassment. Don’t wait for employees to come to you with complaints. You need to anticipate and manage sexual harassment risks across your operations to deter any unwanted behaviour.

Key actions include:

• Establish a clear sexual harassment policy that defines unacceptable behaviour, sets reporting procedures and spells out consequences.
• Encourage open dialogue and ensure complaints are taken seriously.
• Ensure all employees receive sexual harassment training and provide managers with additional guidance on handling complaints.
• Conduct risk assessments to identify where and when harassment is likely to happen and implement policies or training to address these risks.

Our online Sexual Harassment for Managers Training course helps managers understand their role in keeping the workplace safe and respectful. With practical guidance on spotting risks, handling complaints and building a culture that prevents harassment, this course helps protect employees and reduce employer liability.

Investing in training also shows you’ve been proactive and ensures managers can fulfil their responsibilities to create a safe, supportive work environment.