According to the most recent NHS staff survey, one in eight workers – around 58,000 members of staff - experienced sexual harassment at work in 2023. Ambulance staff faced even higher rates, with nearly a quarter reporting incidents of unwanted sexual behaviour.
There's a temptation to assume this harassment comes from patients, service users or their families, but that's not always the case. In fact, 3.84% of workers reported harassment from colleagues.
Statistics for other public sector organisations, including local authorities, are less easy to come by, but regardless of organisation, the implications of workplace harassment are profound, extending well beyond the individuals concerned. Staff experiencing sexual harassment are more likely to experience stress and burnout, potentially compromising services to the public, including patient care and undermining the ability to retain skilled workers.
Although over half of NHS staff reported feeling empowered to speak up about incidents, groundbreaking legislation which came into force in October 2024, aims to stamp out sexual harassment before it occurs, rather than placing the onus on the victim to report and challenge it after the fact.
The Worker Protection Act 2023 builds on the Equality Act 2010 by introducing for the first time a legal obligation for employers to take reasonable proactive steps to prevent sexual harassment in the workplace. It complements the NHS Sexual Safety Charter, which every trust has signed up to, and which lays out 10 principles to tackle unwanted, inappropriate or harmful sexual behaviour in the workplace.
The Act defines sexual harassment as ‘unwanted conduct of a sexual nature that violates the victim's dignity or creates for them an intimidating, hostile, degrading, humiliating or offensive environment'.
Under the Act, employers have a duty to:
- identify and mitigate risks of workplace sexual harassment
- implement measures to prevent harassment by both colleagues and third parties (patients, service users, suppliers etc)
- demonstrate that they have taken ‘reasonable steps' to prevent harassment.
Failure to do this could result in:
- enforcement action by the Equality and Human Rights Commission
- tribunal claims where compensation awards can be increased by up to 25% if the employer is found non-compliant.
What do employers need to do?
To meet their new obligations, employers must:
1. Implement comprehensive policies. Create a robust anti-harassment policy that:
• defines unacceptable behaviours
• provides clear instructions for reporting harassment
• outlines the support available to affected employees.
2. Conduct regular training
• provide mandatory, recurring training sessions to educate staff on what constitutes sexual harassment and their responsibilities under the policy
• train managers specifically on how to handle complaints effectively and sensitively.
3. Establish reporting mechanisms
- set up anonymous and named reporting channels
- actively promote these mechanisms to build employee confidence in the process.
4. Assess workplace risks
- perform workplace audits to identify high-risk environments or roles
- address identified risks by implementing targeted measures, such as modifying workspaces or increasing supervision.
5. Monitor and improve
- regularly evaluate the impact of implemented measures
- update policies and practices based on findings from audits, feedback, or emerging risks.
Supporting healthcare organisations
For some organisations, implementing the measures outlined above will be relatively easy. Others will face a larger task. But – as the shocking figures at the top of this article prove – far too many people experience unwanted sexual behaviours at work. Tackling this by implementing swift and decisive measures, not only enables employers to protect themselves legally, but will also enhance the retention, wellbeing and happiness of their most valuable asset – their people.
Naveen Mathew can be contacted at naveen.mathew@nhs.net
