The Social Impact of Campaigning to Prevent Sexual Harassment At Work
Throughout January 2025 our Employment Law team will be running our fourth #MeToo Matters Campaign to prevent sexual harassment in the workplace. We first campaigned to prevent sexual harassment at work in 2018 as a result of more and more women speaking out.
Two months ago, the Worker Protection (Amendment of Equality Act) Bill 2023 came into force, introducing new duties for employers to take reasonable steps to prevent sexual harassment occurring in the course of their staff’s employment. We are pleased our government listened to the Equality and Human Rights Commission (EHRC)’s recommendations and supported legislation that takes such positive steps.
These preventative duties require businesses to provide training on sexual harassment to all their staff. This is not only to ensure that people feel confident about making complaints. But if witnessing unwanted behaviour of a sexual nature, they are encouraged to report this even if they were not personally harassed. Those at the top are expected to lead by example. If companies do not comply this legislation provides additional protection for those who speak out and make claims by entitling them to higher compensation.
The reason this legislation has been necessary is because sexual harassment is often linked to power and control. This is why the majority of cases involve men harassing women. In addition, a Trades Union Congress report published in December 2024 found that 65% of Black women had experienced sexual harassment in the workplace.
There has been great media interest in the adverse publicity around TV presenter Gregg Wallace, formerly of MasterChef. This case illustrates how celebrities can abuse their position of power and influence and that if unchecked this can bring everyone into disrepute.
More and more witnesses are coming forward to complain about his crude references surrounding other people’s sexuality and his own sex life, alongside allegations that he has been guilty of sexual harassment at work. Trial by media does seem unfair. And there should be a distinction between behaviour which, although frowned upon, does or does not constitute sexual harassment under the law.
We also need to ensure a fair investigation and hearing for all which includes alleged perpetrators who may have been unfairly accused. Recently a large law firm, Fieldfisher were named and shamed when an employee won their claim for unfair dismissal. They had failed to look at CCTV evidence which would have shown that the woman alleging that she had been sexually assaulted was not telling the truth.
Fairness and equality means not only protection for the accuser but also for the accused.
This is why it is important that HR teams receive training on the legal definition of sexual harassment as well as how to deal with sexual harassment allegations in the workplace and helping employers take steps to prevent this. Laura Donnelly, one of our employment law solicitors is currently running bespoke training through MBL, not only for lawyer delegates but also for large employers such as universities and accountancy firms
The media furore around Gregg Wallace and public historic allegations played out in a trial by media is a distraction from the situation that many people experiencing sexual harassment face in the workplace. Sexual harassment remains a big issue at work. A 2020 survey carried out by the Government Equalities Office found that 30% of women had experienced sexual harassment at work over the past year, but so had 27% of men.
We have found that the way in which some employers have embraced this new legislation has been heart-warming. But the fact that 45% of employers still don’t know about their new duties under the Worker Protection Bill shows we have a long way to go.
The Worker Protection Bill is an example of the law leading the way to ensure a positive social outcome for men and women.
Time will only tell if this progressive legislation results in a fairer and more equal workplace culture. And this also means protection for the accuser and the alleged perpetrator until all the facts have been thoroughly investigated and established.
In the meantime, we will continue to campaign to stamp out sexual harassment in the workplace. For more information about our free advice surgeries for both employers and workers as well as our training see here.
For expert advice about preventing sexual harassment in the workplace, contact our Employment Law team on 01273 609911, or email laura@ms-solicitors.co.uk.
