Letter

As you will have seen, recent high-profile testimonies demonstrate pervasive sexual
harassment in contexts as diverse as Hollywood and Westminster, and the lack of

redress for those women and men who experience it.
The Equality and Human Rights Commission is gathering evidence on the most effective
means to prevent and respond to this issue. We are Great Britains national equality
body and human rights institution, responsible for encouraging equality and diversity,
eliminating unlawful discrimination, and protecting and promoting the human rights of
everyone in Britain.
We use our statutory powers to enforce the Equality Act 2010, which prohibits
harassment and discrimination in the workplace.
Workplace sexual harassment the context
While many sexual harassment testimonies have been shocking, they are, sadly,
unsurprising. TUC research in 2016 found that 52% of women had experienced
unwanted behaviour at work, including groping, sexual advances and inappropriate
jokes. Among young women aged 16-24, that proportion rose to 63%.
Around one in eight women reported unwanted sexual touching of their breasts,
buttocks or genitals, or attempts to kiss them at work. Almost a fifth said they had
been harassed by their line manager or another person with authority over them.
The professional, financial, and psychological impact on victims can be profound. A
2014 study by the EU Agency for Fundamental Rights found that one in three women
who had experienced sexual harassment felt fearful as a result, while a fifth felt
ashamed. This was invariably followed by feelings of vulnerability, anxiety and loss
of self-confidence.
The economic costs of sexual harassment are largely hidden. However, McKinsey
found in 2016 that ensuring gender equality in UK workplaces has the potential to
add an extra 150 billion to business-as-usual GDP forecasts in 2025, and could
translate into 840,000 additional female employees. Removing the barriers that
stop women participating fully in the workplace is central to the future success of the
UK economy.
While public cases have taken place largely in high-profile industries, no workplace is
immune to sexual harassment, regardless of perception by leadership. A lack of
reported cases does not necessarily mean that they have not occurred. Indeed, the
TUC research has shown that four out of five victims of sexual harassment did not
report it.
Your obligations as an employer
As Chair, you are aware that you are ultimately accountable for the safety and dignity
of all of your employees. As an employer your organisation is legally liable for sexual
harassment suffered by your employees in the workplace, and you have a duty of care
to take all reasonable steps to prevent it.
This could include developing and enforcing clear policies, building HR capacity,
training of management, implementing effective reporting and support systems, and
ensuring that employees are aware of their rights and obligations.
The role of the Commission

We are building a rigorous evidence base for the most effective systems and
processes to prevent and respond to workplace sexual harassment. As such, we write
to you with two requests:
1. That you supply us with evidence, through this [insert link] short survey, on
your existing and planned systems, processes, safeguards and workplace
culture in relation to sexual harassment. We look forward to your response by
Friday 19th January. It will be used to highlight best practice and to
propose recommendations for systemic reform on the most effective ways to
prevent and respond to this issue.
2. That you delegate responsibility for ensuring a shared understanding and

effective implementation of the attached legal guidance on sexual harassment,
as defined in the Equality Act 2010. We propose that this should be to your
HR Director, via the Chief Executive.
We look forward to engaging with responsible employers to drive positive change in
Britains workplaces. We are engaging with a range of organisations, including
FTSE100 and large private businesses, government and other public sector bodies,
cultural institutions, charities, and universities.
Meanwhile, we are also seeking feedback from individuals affected by sexual
harassment for their views on how to build safe and supportive workplace cultures.
We look forward to working with you constructively, and expect major employers to
support this initiative. Where we discover evidence of systemic failings or refusal to
engage with us, we will consider exercising our statutory enforcement powers.
Thank you in advance for engaging in this important issue. Ensuring that everyone
has access to a workplace free of harassment and discrimination is in the interests of
us all.
Yours sincerely,
Rebecca Hilsenrath
Chief Executive

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As you will have seen, recent high-profile testimonies demonstrate pervasive sexual

harassment in contexts as diverse as Hollywood and Westminster, and the lack of

Workplace sexual harassment the context

Your obligations as an employer

The role of the Commission

2. That you delegate responsibility for ensuring a shared understanding and

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