Employer Duty to Prevent Workplace Sexual Harassment Under the Worker Protection Act 2023 – How may this relate to domestic abuse perpetration?
Sexual harassment can happen to men and women. However, like domestic abuse, sexual harassment is gendered: disproportionately perpetrated by men and disproportionately affecting women. Sexual harassment is part of a continuum with other forms of abuse, with pervasive unhealthy workplace cultures often highlighting broader issues of gender inequality and sexism.
On 26 October 2024, The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into law, to strengthen and build upon the protections of workers outlined in the Equality Act 2010. The amendment to the 2010 Act (which sought to “reform and harmonise equality law”) details the anticipatory duty of employers and their legal obligation to take reasonable steps to prevent sexual harassment of employees. The Worker Protection Act 2023 places a preventative duty of care on employers that did not previously exist. Now, employers must take reasonable steps to stop sexual harassment from occurring in the first place, as opposed a reactionary approach to inappropriate conduct in the workplace.
Sexual harassment is defined in the Equality Act 2010 as “unwanted conduct of a sexual nature” that has the purpose or effect of violating a worker’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.
The Equality and Human Rights Commission (EHRC), Britain’s independent equality and human rights regulator, recently published updated technical guidance for employers, taking into account the changes to the law introduced in the Worker Protection Act 2023 (add link here). There is no one-size-fits-all solution and policies should be tailored to the organisation based on risk assessments. It’s important to assess company culture and power dynamics and to ensure workers at every level of the organisation are well-informed of the policies in place and the support available to them.
Employers should:
Consider the risks of sexual harassment occurring – review specific risks to your workplace such as power imbalances between staff, lone working, work related social events etc.
Consider what steps you can take to reduce those risks and prevent sexual harassment of your workers – for example ensuring robust polices in place and by providing training to all employees.
Consider which of those steps it would be reasonable for it to take and implement them.
Rates of domestic abuse are at a global high which is considered both a human rights and a public health issue. Likewise, reports of sexual assault are at a record high, with partners or former partners most likely to be the perpetrators. Your organisation may employ the person experiencing abuse, the person causing the abuse, or both. DAWS would urge all employers to recognise the potential link between workplace sexual harassment and domestic abuse perpetration as both behaviours stem from underlying power dynamics and disregard for consent, making them indicative of a broader pattern of abusive behaviour. Addressing workplace sexual harassment may also highlight potential domestic abuse, offering an opportunity for early intervention and support for both the survivor/victim and the person causing the harm. All employers are advised to implement comprehensive policies and offer robust training programmes that address both issues, support affected employees and, ultimately, foster a culture of respect both in and out of the workplace.