Sexual Harassment
Sexual Harassment
Harassment is any form of unwanted conduct related to any of the discriminatory grounds. Sexual harassment is any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature. The test of whether conduct amounts to harassment is a subjective one. If the conduct has the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating, or offensive environment, then it is considered harassment for which the employer is responsible. Employers must take all reasonable steps to ensure a workplace free from harassment and sexual harassment by either preventative or reactive measures. An employer will be liable for harassment by its employees, clients, customers or other business contacts if the employer does not take reasonable steps to prevent it. Protection from Harassment Act 1997 also provides civil remedies and criminal punishments in respect of harassment. The 1997 Act applies regardless of whether the ‘harassment’ in question is related to any protected ground.
Since 26 October 2024, employers have had a positive duty under section 40A of the Equality Act 2010 to take reasonable steps to prevent sexual harassment of employees in the course of employment. This is wider than simply responding after an incident. If a worker succeeds in a sexual-harassment claim and the tribunal finds the preventative duty was breached, compensation can be increased by up to 25%. The Equality and Human Rights Commission can also enforce the duty as an unlawful act. The current section 40A duty is already relevant to risks posed by customers, clients and other third parties, but the separate statutory obligation not to permit third-party harassment under the Employment Rights Act 2025 is scheduled for October 2026 and is not yet in force.
Source: §26 of the Equality Act; §26 of the Employment Rights Act 1996; The Worker Protection (Amendment of Equality Act 2010) Act 2023; §23 of the Employment Rights Act, 2025
Related Items
Fair TreatmentSexual Harassment
Harassment is any form of unwanted conduct related to any of the discriminatory grounds. Sexual harassment is any form of unwanted verbal, non-verbal, or physical conduct of a sexual nature. The test of whether conduct amounts to harassment is a subjective one. If the conduct has the purpose or effect of violating a person's dignity and creating an intimidating, hostile, degrading, humiliating, or offensive environment, then it is considered harassment for which the employer is responsible. Employers must take all reasonable steps to ensure a workplace free from harassment and sexual harassment by either preventative or reactive measures. An employer will be liable for harassment by its employees, clients, customers or other business contacts if the employer does not take reasonable steps to prevent it. Protection from Harassment Act 1997 also provides civil remedies and criminal punishments in respect of harassment. The 1997 Act applies regardless of whether the ‘harassment’ in question is related to any protected ground.
Since 26 October 2024, employers have had a positive duty under section 40A of the Equality Act 2010 to take reasonable steps to prevent sexual harassment of employees in the course of employment. This is wider than simply responding after an incident. If a worker succeeds in a sexual-harassment claim and the tribunal finds the preventative duty was breached, compensation can be increased by up to 25%. The Equality and Human Rights Commission can also enforce the duty as an unlawful act. The current section 40A duty is already relevant to risks posed by customers, clients and other third parties, but the separate statutory obligation not to permit third-party harassment under the Employment Rights Act 2025 is scheduled for October 2026 and is not yet in force.
Source: §26 of the Equality Act; §26 of the Employment Rights Act 1996; The Worker Protection (Amendment of Equality Act 2010) Act 2023; §23 of the Employment Rights Act, 2025
