New law pushes security sector to tackle


sexual harassment in the workplace H


as your organisation taken the right steps to comply with new legislation around sexual harassment of staff. Specialist lawyer Helen Murphie outlines the requirements here.


From 26 October 2024, all employers must take “reasonable” steps to prevent sexual harassment of their staff in the workplace under new changes to the Equality Act 2010 (EqA). Failure to comply may lead to an increase of up to 25% in compensation in the Employment Tribunal (ET) and separately enforcement action and fines from the Equalities and Human Rights Commission (EHRC).


Section 40A of the EqA represents a seismic change in UK discrimination law because it puts a new duty on employers to implement effective measures to stop sexual harassment of its employees by fellow staff and third parties. It involves anticipating potential incidents by assessing risks of sexual harassment and implementing strategies to prevent issues from arising. ETs will have to consider what steps an employer has taken to stop such unlawful conduct and also whether to increase compensation. EHRC guidance states that steps should target specific risks in the workplace and strongly recommends engaging with staff and unions.


The law


The definition of Sexual Harassment under the EqA is “unwanted conduct of a sexual nature” which has the purpose or effect of violating dignity or “creating an intimidating, hostile, degrading, humiliating or offensive environment”.


Types of conduct include:


• Touching, groping, hugging, massaging, kissing, upskirting, assault and rape


• Sending sexually explicit emails or text messages


• Sending sexually graphic pictures, posters or photos


• Suggestive looks, staring or leering and gestures


• Sexual “banter”, jokes and comments • Propositions and sexual advances, • Secret filming and recording


• Making promises in return for sexual favours


• Asking intrusive questions about a person’s private or sex life, or discussing their own sex life


• Sexual posts or contact on social media • Spreading sexual rumours about a person


Section 40A (1) states: An employer (A) must take reasonable steps to prevent sexual harassment of employees of A in


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the course of their employment. It is not a freestanding claim but where a claimant’s claim involving sexual harassment succeeds, an ET must consider what reasonable and effective steps an employer took to stop the conduct. Whilst reasonable steps may depend on company size, resources, work sector and risk of sexual harassment, it is clear that business cannot simply rely on lack of knowledge or resources or ignorance of the law, particularly if concerns have been raised previously.


The EHRC has also clarified that employers are also obliged under the new law to protect staff from sexual harassment by third parties including customers, contractors, suppliers and distributors.


An ET may order an uplift of up to 25% in relation to an award of compensation. This will be based on any loss of earnings, and an injury to feelings award for the hurt, humiliation and suffering caused by sexual harassment, currently:


• a lower band of £1,200 to £11,700 (less serious cases)


• a middle band of £11,700 to £35,200 (cases that do not merit an award in the upper band), and


• an upper band of £35,200 to £58,700 (the most serious cases), with the most exceptional cases capable of exceeding £58,700


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