In recent weeks, Harvey Weinstein, one of Hollywood’s most famous and powerful film producers, has been on the receiving end of numerous allegations of sexual harassment. The sheer number of allegations which were made and the fact that many go decades back only serve to highlight the very real issues around the reporting and handling of harassment incidents, whether sexual harassment or otherwise. It is high time that we take a more proactive stance towards addressing these issues, rather than sitting back, watching the news stories gradually disappear into the ether, and waiting for the next victims to come forward. This proactivity is something which can start with employers and in this article we explore the steps which employers can take to ensure that they are doing all they can to address such issues.

The legal framework

Before considering employers’ roles in addressing harassment, it is important to understand the relevant legal framework. Harassment in the workplace is prohibited under section 26 of the Equality Act 2010. There are three definitions contained in this section. The first is a general definition which applies to certain ‘protected characteristics’, namely age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. The second and third relate specifically to conduct of a sexual nature. In summary, these definitions cover unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. There are endless examples of behavior which could fall under these definitions, but, to give an idea, the type of conduct which might be caught by this definition includes: unwelcome sexual advances, suggestive behavior or physical conduct; racist, sexist or homophobic comments; sending offensive emails; or posting offensive social media content.