Posted on: 13/05/2026

Thought Leadership

Lorna Wells explores the growing focus on sexual harassment in the workplace and what recent legal changes mean for public sector employers. Drawing on survey findings and emerging case law, the piece examines why incidents continue to go unreported and why compliance alone is no longer enough. It considers how organisations can move beyond policy and training to build cultures rooted in trust, accountability and prevention.

By Lorna Wells, LLM FCIPD, principal HR consultant at West Midlands Employers

Awareness of sexual harassment in the workplace has undoubtedly risen in recent years. High-profile cases, evolving social expectations about acceptable behaviour, and significant changes to the legal framework have all combined to place, quite rightly, a renewed focus on how employers prevent and address harassment. For public sector organisations, where values, accountability and public trust are fundamental, this is not simply a matter of legal compliance. It goes to the heart of what it means to be a responsible employer. The key questions are therefore not whether sexual harassment remains an issue in our sector, but how prevalent it is, why it so often goes unreported, and what more employers must do to go beyond mere compliance?

What does the evidence tell us?

In July 2025, Unite published the findings of a survey on sexual harassment in the workplace. Unite subsequently shared Local Authority specific data from this research with WME. While the survey focused solely on female Unite members, meaning the findings cannot be viewed as statistically representative of the entire workforce, the results do raise some serious concerns that prompt reflection and action.

Respondents were asked about experiencing or witnessing sexual harassment across a spectrum of behaviours, from inappropriate comments to sexual assault. Importantly, incidents were not limited to the physical workplace, but included travel to and from work, third-party interactions, and contact with colleagues outside working hours.

There are some stark headline findings:

• 56% had experienced sexually offensive jokes
• 53% had experienced unwanted flirting
• 34% had been questioned about their sexuality
• 26% had experienced sexual comments or jokes
• 39% had experienced inappropriate touching
• 18% had witnessed pornographic images being shared or displayed
• 13% had experienced a sexual assault
  

Of particular concern is the persistence of this behaviour. For those who experienced harassment, 63% said it had happened more than twice. Yet despite this, 67% said they had not reported their issues.

This reluctance to speak out is consistent with patterns seen in wider case law and enforcement action, where fear of repercussions, power imbalances, and lack of confidence in organisational processes can cause victims to feel that their concerns will be dismissed and they remain silent. Under reporting hides the true picture, prevents issues being addressed and exposes the organisations and individuals to significant risk.

Interestingly, attitudes shifted when respondents were asked about witnessing harassment. Nearly three-quarters said they would report any incidents they observed. This contrast points to a critical issue: individuals may feel morally and psychologically safer acting as witnesses than as complainants.

At the same time, there are worrying gaps in organisational understanding. While 71% of respondents believed their employer had a zero-tolerance approach, over half did not know the detail of the policy, and 77% felt their organisation had done too little to promote its approach since legislative changes in 2024.

A rapidly evolving legal landscape

The legal framework governing sexual harassment is already complex and forthcoming changes are about make this an even trickier landscape.

Under the Equality Act 2010, sexual harassment is defined as unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. Crucially this is not only on in terms of intent of the perpetrator, but also the effect of any conduct on the victim.

Since October 2024, employers have been subject to a new positive duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023, requiring them to take reasonable steps to prevent sexual harassment of employees, including harassment by third parties. It must be remembered that “in the course of employment” is interpreted broadly. Liability has arisen from after work events and informal interactions, illustrated by the December 2025 EAT decision in AB v Graftors Group Ltd, where harassment occurred when an employee accepted a lift from a colleague.

Further changes are imminent. Extended provisions under the Employment Rights Act 2025 will raise the bar again:

The duty will be strengthened: employers must take all reasonable steps to prevent sexual harassment, significantly narrowing the margin for passive or reactive approaches. Anticipated implementation October 2026.

Whistleblowing protections will expand: from April 2026, disclosures relating to sexual harassment will automatically qualify as protected disclosures.

Third-party harassment liability will extend to all protected characteristics, beyond sexual harassment alone. Anticipated implementation October 2026

Alongside this, the government is consulting on restricting the use of non-disclosure agreements where any clauses seek to prevent individuals from raising allegations of harassment or discrimination.

These duties are underpinned by a focused enforcement framework. The Equality and Human Rights Commission (EHRC) can take action even where no individual claim has yet been brought. Recent interventions against McDonald’s and Lidl GB serve as a reminder that systemic failures, not just individual incidents, can and will trigger scrutiny.

Moving beyond “box-ticking”

With so much guidance available, it can be tempting for employers to focus on visible compliance measures: refreshed policies, mandatory training, and statements of zero tolerance. These steps are important, but on their own they are unlikely to meet the new “all reasonable steps” threshold.

The real risk, both legally and culturally, is that organisations mistake activity for impact.

Effective prevention requires meaningful engagement with employees and an honest understanding of the reality in any organisation. Policies and training cannot tell you whether incidents are still going unreported, whether certain roles or environments carry greater risk, or whether staff trust that complaints will be handled fairly and without detriment.

This is where many organisations fall short. Without insight into lived experience, it is impossible to identify risk hotspots or develop robust, evidence based risk assessments. Yet these are precisely the documents that will be scrutinised when employers are challenged by tribunals or regulators.

Asking the harder questions

The Unite survey points to a fundamental issue: why do so many employees not feel able to raise concerns? Is it fear of reputational damage, scepticism about outcomes, inadequate understanding of procedures, or perceived power imbalances? In reality, it is often a combination.

For public sector employers, there is an opportunity, and arguably a responsibility, to confront these questions directly. Innovative approaches might include independent listening exercises, anonymous reporting diagnostics, or sector-wide collaboration to understand common barriers and test new interventions.

While what constitutes “all reasonable steps” will always depend on context, doing nothing, or relying solely on compliance driven activity will no longer be defensible. The organisations that get ahead of the curve will be those willing to interrogate their own culture with the same rigour they apply to governance and financial risk.

A moment of opportunity

There is a real opportunity for the public sector to set a “gold standard” in this area. By sharing learning, adopting evidence led preventative strategies, and embedding trust based approaches to reporting, employers can create safer working environments while reducing legal and reputational exposure.

At WME, we see this opportunity could be realised by tapping into our HR networks to explore whether independent analysis and collaborative approaches to tackling sexual harassment could help us manage more effectively in our region. This is work with the potential for genuine, positive impact, not only in meeting legal obligations, but in rebuilding confidence that unacceptable conduct will be addressed wherever it arises.

Sexual harassment will not be resolved through compliance alone. It requires leadership, transparency and the courage to look beyond reassurance to reality. Those who do so now will be far better prepared for what comes next.

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