“Sexual harassment? That’s not something that would happen here.”
But can you really be so sure?
The year is 2025, we’re living in a post #metoo era and there’s now a statutory duty on all employers to be proactive and take reasonable steps to prevent sexual harassment.
THE STATS
But statistics on calls to the ACAS helpline, obtained via a Freedom of Information request submitted by law firm Irwin Mitchell, show that, in nine months prior to February 2025 there has been 878 calls from employees and employers mentioning sexual harassment.
It’s generally understood that sexual harassment, in all the forms it can take, is underreported, with the shocking results from a 2023 poll of more than 1000 women by the Trade Union Congress (TUC) showing 3 in 5 women have experienced harassment at work, rising to 2 in 3 women when looking at those aged 25-34.
The same study also found that 39% of the incidents the perpetrator was a third party (such as a customer, client or member of the public).
There’s still a stigma around these issues, with people fearing not being believed, damaging their career prospects or relationships – evidenced by the research showing less than one in three women (30%) who experienced sexual harassment had reported it to their employer.
DAMAGE
It’s damaging staff wellbeing – with employees reporting a negative effect on their mental health, avoiding situations – such as meetings and events, and ultimately, leading to resignations.
Whilst it’s true that women form the majority of victims and men form the majority of perpetrators, anyone of any gender can be affected – or be a perpetrator - too.
The difficulty for employers is that sexual harassment is a spectrum; physical and violent at the most serious end – criminal offences, to what some people deem as jokes or banter at the other. But what one person could describe as ‘no big deal’, could be deeply upsetting to another. The very definition of sexual harassment ‘unwanted conduct which has violated someone’s dignity and / or created an intimidating, hostile, degrading, humiliating or offensive environment for them’is open to interpretation depending on people’s personal boundaries.
It’s this perceived gray area which is causing the largest number of concerns – incidences of sexual jokes or staring, for example. Crucially, anyone in a workplace needs to understand that it’s down to the person on the receiving end who decides if it’s unwanted, not the person behind the behaviour.
Evidence also shows that sexual harassment can go hand in hands with other forms of harassment or discrimination, meaning those who are black, disabled, older, younger, lesbian, gay, bisexual or trans, for example, are at higher risk. For example, Think Business, Think Equality report that LGBT people are more likely than straight people to receive unwelcome comments about their sex life. BME women experience racialised sexual harassment, because they are characterised as being ‘more sexual’ than white women. Disabled women are twice as likely as non-disabled women to experience unwanted touching.
ZERO TOLERANCE
It is already clear businesses need to take a zero-tolerance approach, fostering a culture of openness and respect as well as having a robust process in place for when complaints are made, but it’s not enough. With the new rules introduced in October 2024, they need to be proactive and think ahead to prevention.
CULTURE
Culture really is key when it comes to creating a safe work environment. A diverse and inclusive workforce, where men and women are equally represented and respected especially at a senior level has widespread benefits. A feeling of safety comes when everyone feels able to voice ideas, concerns and feedback, without fear of repercussion.
Many perpetrators don’t see their behaviours as wrong, or think that their actions won’t have consequences, but thorough and regular training along with clear messaging about the potential serious outcomes for anyone found to be acting inappropriately, will help deter these situations arising.
**NOTE - THIS BLOG DOES NOT CONSTITUTE LEGAL ADVICE AND IS PROVIDED AS A GENERAL GUIDE ONLY, ALWAYS SEEK YOUR OWN LEGAL ADVICE**