The high profile of the MeToo movement may have led to a 7% increase in the number of sexual harassment-related employment tribunal decisions so far this year, according to legal sources.
Law firm Irwin Mitchell analysed all employment tribunal decisions across England, Wales, and Scotland and found 125 cases in the first three quarters of 2024. This compares with 117 this time last year.
This finding comes before new business laws take effect, requiring companies to take “reasonable steps” to prevent sexual harassment.
Preventing sexual harassment
What does the new duty to prevent sexual harassment entail?
Worker Protection Act: Employers must engage with employees
From 26 October 2024, a new statutory duty, part of the Worker Protection (Amendment of Equality Act 2010) Act 2023, mandates employers to proactively prevent sexual harassment from occurring in their workplaces – both by colleagues but also by third parties, such as customers or clients.
It will require employers to take “reasonable steps” to prevent sexual harassment. Those employers who find themselves facing a claim will face an additional uplift in compensation unless they’ve done enough to prevent sexual harassment.
Jenny Arrowsmith, employment partner at Irwin Mitchell, said: “From our analysis, the steadily increasing number of employment tribunals related to sexual harassment can be attributed to several factors. There is for example a growing awareness that workers don’t have to tolerate sexual harassment at work. The MeToo movement has played a significant role in this, as has media coverage of actions taken against large employers like McDonald’s and IKEA, and individuals who have been dismissed for inappropriate behaviour.
She added that the rise in tribunal cases did not reflect the full extent of the problem: “The numbers are still low compared to the actual number of workers who experience sexual harassment. For instance, a 2023 TUC poll found that two in three young women have experienced sexual harassment, bullying, or verbal abuse at work. There are other studies which also highlight that the problem is widespread pointing to the suggestion that these figures are likely to be the tip of the iceberg.
The new legislation puts the onus on employers to consider where their staff are at risk and take reasonable steps to remove those risks.
Arrowsmith said: “They must raise awareness of the issue through a clear and well-communicated policy, conduct risk assessments, and ensure that all staff receive training on appropriate and inappropriate behaviours, how to report sexual harassment and the support they will receive if they do.
“I believe that all businesses need to act now, as no employer can afford to be complacent.”
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