Employment Lawyer Says Figures Don’t Reflect Full Extent Of The Problem

Lawyers at Irwin Mitchell have revealed a seven per cent increase in the number of sexual harassment related employment tribunal decisions so far this year – but say the new statistics don’t fully reflect the extent of the problem.

Irwin Mitchell analysed all Employment Tribunal decisions across England, Wales, & Scotland and discovered 125 cases in first three quarters of 2024. This compares to 117 this time last year, representing a seven per cent rise.

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

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 on compensation unless they’ve done enough to prevent sexual harassment. 

Jenny Arrowsmith, Employment Partner at Irwin Mitchell, said: “Sexual harassment continues to be a problem in the workplace. 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.

“Although the percentage of claims has increased and looks to be rising further, the numbers are still low compared to the actual number of workers who experience sexual harassment. For instance, a 2023 TUC poll found that 2 in 3 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.

“This is why the government has introduced a new duty to prevent sexual harassment from taking place. Employers will now have to consider where their staff are at risk and take reasonable steps to remove those risks.

“The requirement to take reasonable steps means that employers need to understand the risks their staff face and take measures to prevent or reduce them. 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.

“As businesses prepare for these new duties, they might think it’s not an issue for them or worry about not being fully prepared. However, I believe that all businesses need to act now, as no employer can afford to be complacent.”

Irwin Mitchell has created a toolkit containing practical guidance to help businesses prioritise their next steps. It describes what sexual harassment is; what is meant by ‘reasonable steps’ under the new framework; what to consider when putting together a risk assessment; and the areas you should look at when reflecting on your current business culture.