Collated under one title ‘Turning Tables: ending sexual harassment at work’, the other recommendations include asking:
The UK Government to...
- implement a new positive legal duty on employers to take effective steps to prevent harassment or victimisation in the workplace; the duty will be enforceable by the Commission
- produce a statutory code of practice that sets out the steps employers need to take to comply with this duty, with a possible 25% uplift in compensation when an employer breaches the code
- strengthen protection for those harassed by customers and clients
- collect data from individuals across England, Scotland and Wales every three years to determine the prevalence and nature of sexual harassment and produce an action plan to address the problems revealed
ACAS to...
- develop targeted sexual harassment training for managers, staff and workplace sexual harassment ‘champions’
Employers to...
- be transparent and publish their separate sexual harassment policy and steps being taken to implement and evaluate it in an easily accessible part of their external website so their current and potential employees are clear about how this important issue is being addressed.
Under the Equality Act 2010, employers are liable for acts of sexual harassment by one employee towards another unless they have taken all reasonable steps to prevent it. There are currently no minimum requirements, but reasonable steps should include an anti-harassment policy and appropriate procedures for reporting harassment and taking action.
Sexual harassment is unwanted conduct of a sexual nature, which is intended to, or has the effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Examples include unwelcome physical contact, sexual comments, promises in return for sexual favours, and displaying sexually graphic pictures.
Even if unwanted conduct is not intended to cause distress, it can still have the effect of violating a person’s dignity or creating an offensive environment. Whether or not unwanted sexual conduct violates a person’s dignity or creates an offensive environment depends on the victim’s perspective and whether their reaction is reasonable in all the circumstances.