Analysis Of Government Tribunal Data Highlights Increased Risk For Businesses

With one month to go until new sexual harassment laws, research conducted by Irwin Mitchell has highlighted the need for businesses to take action after revealing a notable rise in Employment Tribunal (ET) decisions related to claims in the area.

The firm analysed all Employment Tribunal decisions across England, Wales, & Scotland and found that since 2019, cases related to sexual harassment have increased by 46.5% - rising from 114 in 2019 to 167 in 2023.

This significant finding comes just one month before new business laws take effect, requiring companies to take ‘reasonable steps’ to prevent sexual harassment.

The upward trend appears to be continuing into 2024, with 116 cases reported in the first eight months of the year. 

From 26 October 2024, a new statutory duty, part of the Worker Protection (Amendment of Equality Act 2010) Act 2023, mandates employer’ to proactively prevent sexual harassment in the workplace. 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 on compensation unless they’ve done enough to prevent sexual harassment.

Expert Opinion

“The rise in sexual harassment claims is a clear indicator that this remains a clear problem in the workplace. However, despite the rise in ET claims, we know that people don’t come forward to report it as much as it happens – that appears to be for several reasons including fear of retaliation or not being supported by their employer.

“Reasonable steps must therefore tackle awareness via a clearly written policy and all staff training, facilitating how people can raise or address concerns and ensure that they’re supported in doing so. As businesses look ahead to these new duties, they may think this is not an issue for them or concerned that they are not fully prepared. My view is that all businesses need to act now and no employer can afford to be complacent.

“We expect the rise in claims and complaints to increase as cultures change and confidence to assert concerns increase. That doesn’t necessarily mean things are getting worse, but does mean that the issues are being challenged more and, in turn, this will reduce them arising in the first place.”
Jenny Arrowsmith, Employment Partner at Irwin Mitchell