The UK’s Latest Sexual Harassment Law & How It Protects You
Sexual harassment remains a significant issue, affecting countless women in workplaces, public spaces, and online. If you are currently experiencing or worried about sexual harassment, it is essential to understand your rights and the legal protections available to you. Recent changes to UK law have strengthened protections against sexual harassment, ensuring that employers are now legally required to take proactive measures to prevent it. Knowing how the law defines sexual harassment and what steps you can take to protect yourself can be incredibly empowering. You are not alone, and there are clear legal pathways to ensure your safety and hold perpetrators accountable. What is sexual harassment? Sexual harassment is a form of unlawful discrimination defined under the Equality Act 2010. It refers to unwanted conduct of a sexual nature that violates an individual’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This can include: Verbal harassment – such as inappropriate sexual remarks, comments about your appearance, or unwanted sexual advances. Non-verbal harassment – such as sexually suggestive gestures, whistling, or inappropriate sharing of sexual content. Physical harassment – including unwanted touching, groping, or any form of physical intimidation. The key factor in determining whether behaviour constitutes harassment is how it is perceived by the person experiencing it. If it makes you feel uncomfortable, threatened, or degraded, it may be considered harassment under the law. What Has Changed in UK Law? The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 26 October 2024. This landmark change strengthens protections by placing a new legal duty on employers to take reasonable steps to prevent sexual harassment in the workplace. Key changes include: Proactive employer responsibility: Employers must actively prevent sexual harassment rather than just responding to complaints. If they fail to do so, they could face legal consequences. Increased compensation: If an employer is found to have failed in their duty to prevent sexual harassment, any compensation awarded in an employment tribunal can now be increased by up to 25%. Holding employers accountable: Employers are now responsible not only for harassment by colleagues but also by clients, customers, and contractors, ensuring safer workplaces for all employees. The Equality and Human Rights Commission (EHRC) has also updated its guidance, urging organisations to identify risks and take preventative measures rather than waiting for incidents to occur. This marks a significant shift in how sexual harassment must be handled within UK workplaces. Baroness Kishwer Falkner, Chair of the EHRC, reinforced this by stating: “Sexual harassment remains widespread and often under-reported. Employers must take active steps to protect their staff from such behaviour.” Similarly, employment law expert Lucy Lewis highlighted the significance of this cultural shift: “The new duty represents a significant shift in culture. Executives can no longer take a ‘helicopter overview’ of the risks and remain removed from operational details.” Why ‘Consent’ Matters Understanding consent is essential because many forms of harassment involve a disregard for personal boundaries and an assumption of entitlement over another person’s body or space. I have written extensively about consent, its legal definitions, and why it is crucial for women’s safety in my blog Consent: The Line that Separates Sex From Rape and Sexual Violence. In short, consent means agreeing freely and willingly to an action, without coercion, pressure, or fear. However, I invite you to read the full article for more in-depth information and clarification on this crucial aspect of women’s personal safety. What Can You Do if You Are Facing Sexual Harassment? If you are experiencing sexual harassment, you do not have to endure it alone. The law is designed to protect you, and there are clear steps you can take: Document everything. Keep a record of every incident, including dates, times, locations, and any witnesses. Save messages, emails, or any evidence that could support your case. Speak to someone you trust. Talk to a friend, family member, or colleague for support. Seeking external advice can help you feel empowered to take action. Report the behaviour. If the harassment occurs in the workplace, report it to your employer or HR department. Your employer is now legally required to take action to prevent harassment and investigate any reported incident of sexual harassment. Seek professional support. Women’s rights, or women’s support organisations, legal services, and Citizens Advice can provide guidance on your next steps and offer confidential legal advice. Take legal action if necessary. If your employer fails to address the harassment, you have the right to file a claim in an employment tribunal. A legal expert can help you navigate this process to hold those responsible to account. It is crucial to know that you are not powerless. The law is evolving to better protect women, ensuring that sexual harassment is no longer ignored or dismissed. For further women’s safety advice, covering a multitude of subjects, please read my book NEVER A VICTIM, the most comprehensive guide to women’s safety published to date. And whatever you do and where you are, trust your instincts.