The legal framework surrounding sexual harassment in the UK workplace is evolving, with upcoming legislative changes aimed at strengthening protections for employees and placing greater responsibility on employers. HR professionals need to stay ahead of these changes to ensure compliance and promote a safe and respectful working environment. These updates come in response to a growing awareness of the widespread nature of harassment and the need for more robust measures to address it.

Why Are These Changes Happening?

Recent movements such as #MeToo and high-profile workplace harassment cases have revealed gaps in the existing legal framework. The government is responding by introducing legislation that better protects victims, simplifies the process of making a claim, and places increased responsibility on employers to prevent and address harassment.

This is not just about compliance—it’s about fostering a workplace culture where employees feel safe and respected, free from inappropriate behaviour and discrimination.

Key Stats on Sexual Harassment in the UK

Recent statistics paint a concerning picture of the prevalence of sexual harassment in UK workplaces:

• According to a 2021 survey by the Trades Union Congress (TUC), over 50% of women have experienced some form of sexual harassment at work.
• Four out of five (79%) women who had experienced sexual harassment did not report it to their employer due to fear of being disbelieved or concerns about the impact on their careers.
• A 2020 report from the Equality and Human Rights Commission (EHRC) found that 48% of employees in the UK had witnessed some form of sexual harassment at work, underlining that the problem goes beyond the victims themselves.
• The same study also highlighted that only 30% of organisations had a clear sexual harassment policy in place, exposing a significant gap in preparedness across the UK.

These statistics underscore the need for both legislative change and more proactive action from employers to create a safe work environment.

Key Changes HR Needs to Know

1. Broader Definitions of Sexual Harassment

The definition of sexual harassment is being expanded under the new legislation. Previously, harassment was often viewed as overtly sexual conduct, but the changes will cover a wider spectrum of behaviour, including:

• Hostile Work Environment: Any actions that create an intimidating, hostile, or offensive workplace, even if not explicitly sexual in nature, could now be classified as harassment.
• Intersectional Harassment: Recognising harassment that involves a combination of factors, such as race, gender, or disability alongside sexual harassment.
• Digital and Remote Harassment: With remote working more prevalent, the legislation will focus on harassment via emails, messaging platforms, and virtual meetings.

2. Lower Burden of Proof for Victims

Currently, victims must prove that the harassment was “severe or pervasive” for legal action. The upcoming changes aim to lower this burden of proof, making it easier for employees to bring claims based on repeated or cumulative incidents, even if they are not severe on their own. This will mean that HR professionals must take every report seriously, regardless of its initial scale, to prevent escalation.

3. Increased Employer Liability

Employers will face increased accountability under the new legislation:

• Vicarious Liability: Employers could be held liable for harassment committed by employees, clients, or contractors if they fail to take adequate preventative or corrective actions.
• Recommended  Training: Regular and meaningful training for all employees, particularly line managers and leaders, will become essential. This will ensure they are equipped to handle complaints properly and maintain a respectful work culture.
• Reporting Obligations: Employers may be required to report instances of sexual harassment to external authorities, particularly if they fail to take prompt action in response to internal complaints.

4. Extended Time Limits for Claims

Recognising the difficulties many victims face in reporting harassment, the new legislation is expected to extend the time limits for bringing claims. This will give victims more time to come forward, but it also means HR departments need to keep detailed records of incidents and investigations for longer periods.

5. Focus on Positive Workplace Culture

The legislative changes are part of a larger effort to create more inclusive, safe, and respectful workplace environments. Employers will be expected to actively promote positive cultures through diversity and inclusion initiatives, as well as policies that address power imbalances.

How Bhayani Law Can Help

At Bhayani Law, we specialise in helping businesses navigate the complexities of employment law, including sexual harassment legislation. We offer a range of tailored services to ensure your organisation is compliant with the latest legal requirements and equipped to handle these issues effectively.

We also specialise in sexual harassment training and offer two separate training courses, one is designed for aimed at employees of all levels and another is aimed at line managers and leaders who play a critical role in preventing and managing harassment in the workplace. Our half-day training sessions provide practical, interactive guidance, helping managers understand their legal obligations and how to foster a safe, positive workplace culture. You can learn more here and sign up for our upcoming training events by contacting [email protected].

Our key services include:

• Policy Reviews and Updates: We’ll ensure your policies are up to date with the latest legal standards and reflect best practices for managing complaints and fostering respect at work.
• HR Support: From handling complaints to overseeing investigations, our expert HR support services ensure your organisation is equipped to deal with harassment in a legally compliant and sensitive manner.
• Legal Representation: If a claim arises, we offer expert legal representation and advice to guide you through the process, ensuring your organisation is well-prepared for any legal challenges.

Next Steps for HR

With these legislative changes on the horizon, it’s vital for HR teams to be proactive:

1. Update Policies: Review your sexual harassment policies to ensure they reflect the new definitions and legal standards. Make sure they’re accessible and clearly communicated to all employees.
2. Provide Comprehensive Training: Engage in regular and practical training, particularly for line managers and leaders, who are often the first point of contact for harassment complaints.
3. Enhance Reporting Mechanisms: Ensure employees have clear, accessible, and anonymous ways to report harassment. This will foster a culture of openness and accountability.
4. Improve Record-Keeping: With extended time limits for claims, it’s essential to maintain detailed records of complaints, investigations, and outcomes.
5. Monitor Workplace Culture: Regularly assess your workplace environment through surveys, feedback, and audits to identify any issues early and take corrective action.

By staying ahead of these legislative changes and partnering with Bhayani Law for expert training and advice, your HR team can ensure your organisation not only complies with the law but actively works towards creating a safer, more respectful workplace.

For advice and more information contact us today by emailing [email protected] or call 0333 888 1360.