Sexual harassment at work: consultation
Do the current laws on this issue provide the protections they are supposed to?
Sexual harassment has been against the law for decades, and strong, clear laws against it are set out in the Equality Act 2010.
Sexual harassment can include sexual comments or jokes; physical behaviour, including unwelcome sexual advances, touching and various forms of sexual assault; displaying pictures, photos or drawings of a sexual nature; and sending emails with a sexual content.
The law says it is sexual harassment if the behaviour is either meant to, or has the effect of: violating your dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment
However, even though these laws are in place, recent reports, including those of the #metoo movement, have shown that there is still a real, worrying problem with sexual harassment.
The government is therefore now looking at whether the current laws on this issue provide the protections they are supposed to, considering whether there are any gaps, and thinking about what more can be done at a practical level to ensure people are properly protected at work.
To help do this, the government wants to understand people’s experiences, and is focussing on some particular issues it might be able to tackle through changes to the law:
The employers’ role in preventing sexual harassment by members of their own staff;
The employers’ role in preventing sexual harassment of their staff by people from outside their organisation;
Volunteers and interns’ legal rights to protection from harassment and discrimination;
People’s experiences of accessing justice, and any barriers they face to accessing justice.
The information that is gathered through this public consultation and the technical consultation, will be used to help the government review the existing laws on sexual harassment, and to decide if any changes are required.
The responses will also help the government to develop non-legislative ways to tackle the problem of sexual harassment in the workplace.
This consultation is open to UK residents only.
The information gathered through both parts of the process will be used to help the government review the existing laws on sexual harassment, and to decide if any changes are required. The responses will also help in the development of non- legislative ways to tackle the problem of sexual harassment in the workplace.
The government would particularly like to encourage people to respond who:
have experienced sexual harassment in the workplace, or associated issues such as sex discrimination;
have experienced sexual harassment in their role as a volunteer or intern, or associated issues such as sex discrimination;
have indirect experience of sexual harassment in the workplace, for example supporting a colleague who has been harassed;
have considered boing to an Employment Tribunal on harassment or discrimination grounds.
To take part, click here.
If you are responding on behalf of an organisation, and/or have a view on the detailed legal elements of this issue, please click here to see take part in the ‘technical consultation’.