The Equality and Human Rights Commission (EHRC) has called on the government to introduce a new mandatory duty on employers to take effective action to prevent sexual harassment.

In its report entitled “Turning the Tables: Ending sexual harassment at work”, based on evidence from 1,000 individuals and employers, the government’s equalities body says that legal action is needed to deal with toxic workplace cultures which silence individuals and normalise harassment.

Perhaps not surprisingly, the research found that the most common perpetrator was a senior colleague, thereby explaining why one of the main barriers to reporting harassment was based on a belief that the perpetrator would be protected.

In addition to imposing a legal duty on employers to take action, enforceable by the Commission, the report calls on the government to produce a statutory code of practice that sets out the steps employers need to take to comply with the duty, with a possible 25 per cent uplift in compensation when an employer breaches the code

The EHRC also calls on the government to:

  • introduce legislation preventing employers from using non-disclosure agreements to sweep sexual harassment under the carpet and protect their reputation. Instead, they should only be used at a victim’s request.
  • increase the time limit to bring a claim of sexual harassment to tribunal to six months, reflecting the time taken by many individuals to raise complaints
  • strengthen protection for those harassed by customers and clients
  • introduce a mandatory duty on employers to protect workers from victimisation together with a statutory code of practice specifying the preventative measures employers should take
  • Give employment tribunals the power to uplift compensation for breach of a mandatory duty by 25%

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.

The EHRC collected data from 1,000 individuals and employers between December 2017 and February 2018.

Jo Seery of Thompsons Solicitors commented: “The EHRC report reveals the significant barriers workers face and which discourage them from reporting sexual harassment in the workplace. This cannot be tolerated. It is clear from the EHRC report that having an anti-harassment policy is not enough. Legislative reform is necessary to stamp out sexual harassment in the workplace and the EHRC’s recommendations are a step in the right direction. It is shameful that some of those recommendations are to reinstate legislation which this Government repealed.”

Visit the Equality Human Rights website to read the report in full.