What is considered sexual harassment?

Attitudes towards sexual harassment have changed considerably over the past few decades. The first UK law to ever address sexual harassment was passed as recently as the late 1980s. But as movements such as the #MeToo movement shed light on the prevalence of sexual harassment not just across society but within the workplace, the laws have changed.  

That original law defined sexual harassment simply as “unwanted conduct on the ground of a person’s sex” or “unwanted conduct of a sexual nature”. Yet sexual harassment laws have evolved since then, in parallel with efforts to make UK workplaces fairer and safer places to be. Here’s what you need to know.

How UK law defines sexual harassment

Today, sexual harassment is covered by the Equality Act 2010. The UK law defines sexual harassment more broadly as behaviour that makes someone feel intimidated or offended, related to their sex.

Unwanted verbal, non-verbal or physical conduct of a sexual nature which has the purpose or effect of violating the recipient’s dignity, or of creating an intimidating, hostile, degrading, humiliating or offensive environment for the recipient.

According to the Equality Act, harassing behaviour can include:

• Showing an employee or co-worker unwanted attention

• Spreading malicious rumours

• Treating an employee or co-worker unfairly

• Regularly undermining a competent employee or co-worker

Sexual harassment isn’t limited to face-to-face interaction, either. Harassment online, by phone, or by letter is also against the law. The law protects all those who could be sexually harassed in the workplace. From employees and contract workers to self-employed individuals and even job applicants.

What is meant by ‘unwanted conduct’?

Unwanted conduct is a broad term that covers a wide range of acts. From making facial expressions or sharing imagery. What is considered ‘unwanted’ by an employee must always be considered with their point of view in mind.

For example, a young female employee being targeted with inappropriate facial expressions or physical gestures when entering work will be ‘unwanted’, ‘unwelcome’ or ‘uninvited’ by her.

Intention doesn’t matter either. Whether a person intended to cause harm or simply thought it was ‘banter’, if someone’s dignity has been violated and harassing behaviour has occurred, a sexual harassment claim can be made.

Who can claim sexual harassment?

We often assume women are the most likely victims of sexual harassment, and statistics show they are. According to the Trades Union Congress (TUC) over half of women in the UK have experienced sexual harassment in the workplace. With rates higher amongst those aged between 18-24.

But women aren’t the only people legally protected against sexual harassment.

According to data from the Crime Survey for England and Wales from the Office for National Statistics a total of 8% of men aged between 16-24 years experienced sexual harassment in the last 12 months (in the year ending March 2023). However, very few cases are reported. It is possible for any member of staff, regardless of age, sex, or position to claim sexual harassment in the workplace.  

Examples of sexual harassment

So, what kinds of behaviour should you be aware of—and work to prevent—in your workplace and outside it?

In the workplace

Behaviours in the workplace that might constitute sexual harassment include:

• Unwelcome sexual advances: Touching or even standing too close can be intimidating or frightening for the person receiving the advances and can amount to sexual harassment.

• Displaying offensive materials: Showing pornography or other photos, videos or writings can offend and distress employees—and it’s not appropriate for the workplace anyway. Be aware of explicit jokes and videos shared by your staff via email.

• Demanding or asking for sexual favours: While the stereotypical scenario sees a male manager taking advantage of a female employee, this kind of harassment can also go in all directions between genders and levels of hierarchy.

• Making decisions based on whether sexual advances are accepted or rejected: Decisions might include whether to hire, fire, promote, or approve a pay rise to the person being harassed.

The most common experiences of sexual harassment reported in the UK include inappropriate sexual jokes, comments, or gestures.

Outside the workplace

Sexual harassment doesn’t have to take place at your premises for the employee to be protected. Harassment can take place during work events, business trips, and overnight stays.

Carrying out the relevant risk assessments before such events take place outside of the workplace and putting the measures in place to protect employees is the best way to prevent sexual harassment outside the workplace.

For example, the office Christmas party commonly encounters examples of sexual harassment. From drunken conversations that turn into unwanted gestures and touching, events such as the Christmas party are legally considered an ‘extension of the workplace’.

So, as an employer you are responsible for the protection, health and wellbeing of your employees. This includes your legal duty to put in place preventative measures against sexual harassment for work socials like the Christmas do.

Preventing sexual harassment

Thanks to an updates of the Equality Act 2010, the Worker Protection Act 2023 states that employers have a preventative duty to protect all employees from sexual harassment. And these rules don’t just apply to employees and internal staff but all people at work, including third parties such as customers and clients.

The new legislation has been introduced to prevent sexual harassment before it happens, rather than acting too late. Which, in many past cases, has been the approach across a range of workplaces and industries.

While it’s not an easy conversation to have, following the steps to reduce the risks of sexual harassment could protect your employees from sexual harassment. For more information about the Worker Protection Act, see employers legal duty for sexual harassment prevention.

Prevent sexual harassment in your workplace with the support of BrightHR

To ensure your anti-harassment policy is up to date, or to get support from our employment law specialists, do not hesitate to contact the BrightHR team. Our BrightAdvice employment law advice line is available 24/7.

You can get legal advice and HR assistance whenever you need it. Ideal for those managing the changes to HR documents and policies, or for employers handling tricky sexual harassment claims. Simply contact the team on 0800 470 243 or book your free demo.