New statutory duty to prevent sexual harassment in the workplace – here’s what you need to know

It is essential that we all read this briefing, and it is vital that trustees, senior leadership teams and those with management responsibilities collectively discern and take action appropriate to your ministry or work context. The legal change applies to churches, businesses and charities. 

The Worker Protection (Amendment to the Equality Act 2010) Act 2023 (hereafter referred to as ​“the Act”) is designed in such a way that it instructs employers to take and to demonstrate proactive measures undertaken to prevent sexual harassment within the workplace. 

Such measures could be to review activities within an organisation and update its anti-sexual harassment policy. Another could be to introduce periodic employee surveys throughout the year to comment on organisation (or church) culture. We outline further suggestions in the final section of this briefing.

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The Act also makes it possible that in the cases where an employee takes a sexual harassment claim to an employment tribunal and proves the employer failed to take reasonable steps to prevent the behaviour then the individual could be awarded an additional 25% in compensation. Failure to act risks both the mental wellbeing of the individual who has experienced harm but also comes with a financial cost to the employer.

Whilst implementing the Act is the primary responsibility of those with governing and leadership responsibilities within a charity, church or organisation, we would argue it is a shared responsibility for everyone – volunteers and paid members of staff alike. 

Jesus’ most poignant vision of the kingdom of Heaven is outlined in the sermon on the mount and the beatitudes in Matthew chapters 5 – 7. There He outlines a kingdom where the vulnerable are welcomed and protected, His disciples would practice forgiveness and respond to misbehaviour, and collectively evil, greed, lust and pride would be uprooted. 

In Jesus’ kingdom abuse of any kind and particularly sexual harassment is not welcome, nor tolerated or ignored. As the people of God, let’s take collective responsibility in mirroring the kingdom of Heaven in our churches, community outreach services and workplace culture.

In 2018, the Women and Equalities Commons committee concluded its inquiry into ​“Sexual Harassment in the Workplace” and found that sexual harassment is sadly commonplace across all industries and highlighted a particular vulnerability for women; those from ethnic minority backgrounds or disabled. They called upon employers to do more to protect and provide safety for employees.

Two years later, a government department conducted a survey of 12,131 individuals and published its findings on the prevalence of sexual harassment in society and the workplace. It found that ​“nearly three-quarters (72%) of the UK population experienced at least one form of sexual harassment in their lifetime, while two in five (43%) experienced at least one sexual harassment behaviour in the last 12 months. 

It’s prevalence in society and the workplace has convinced policymakers to take legislative action and by it, communicate a zero-tolerance approach to sexual harassment in society.

Sexual harassment as defined in the Equality Act 2010 is described as ​“unwanted conduct of a sexual nature and violates the individual’s dignity, creating an intimidating, hostile, degrading, humiliating or offensive environment”. In reality, this is experienced in different ways, for example:

• Sexualised comments passed as ​‘banter or a joke’.
• Unwanted sexual advances or flirting.
• Inappropriate messaging of a sexual nature.
• Explicit conversations or intrusive questioning about an individual’s sex life.
• Uninvited physical contact – hugging, kiss, massage or brushing up against someone.
• Stalking
• Sexual innuendos or suggestive comments and so on.

Identifying how such behaviours could play out within your context is a significant part of preventing sexual harassment in a working environment. The next step is to train and equip all staff and beneficiaries to identify such behaviours and know how to report and escalate up to those in management and with governance responsibilities.

Last month the Equality and Human Rights Commission (ECHR), the UK’s equality and human rights regulator, produced guidance in explaining this law change and an eight-step practical guide for employers outlining what they can do to prevent sexual harassment within a work context. 

We would encourage those with governance and leadership responsibilities to:

1. Read both ECHR guiding documents and organise a meeting with senior management and trustees to review and potentially amend existing anti-harassment policies, risk assessments and other related workplace policies. Having this as a standard agenda item in the short term is helpful to reviewing progress made.
2. Raise awareness amongst staff and beneficiaries connected with the ministry or working in your organisation of this new legal requirement and organisational protocols and procedures going forward.
3. Consider the ongoing pastoral and prayer support needed for staff and volunteers. Given how prevalent sexual harassment is in society, it is fair to assume discussing this issue may trigger memories or experience for employees. Either in a one-to-one setting or organisation-wide staff update, do make known the pastoral support or paid counselling services available to staff and volunteers. 

Supplementary resources to help Christians live for Jesus in the workplace, view: