Employment Law is in a constant stream of transition, due to the ever-changing legislation. The more recent changes have focused on attitudes towards sexual harassment, which has come under scrutiny in the form of digital movements from the US, the more prominent been #MeToo and #TimesUp. Although they are US-based movements, other countries also approve of these movements, especially in the UK.

The movements focus on speaking out about sexual harassment, as in the past sexual assaults have been kept quiet to enable the victim to protect their reputation (and often, credibility).

In accordance with the Equality Act 2010, it is unlawful to discriminate against anyone because of their gender, sexual orientation or gender reassignment. These forms of discrimination occur frequently, especially amongst the LGBT community. LGBT consists of individuals who identity as a Lesbian, Gay, Bisexual and Transgender, who in recent years have experienced a vast level of discrimination in the workplace.

In order to understand the experiences of the LGBT community, the Government Equalities Office (GEO) conducted a national survey in July 2017 on the LGBT community, the largest of its kind. The survey focused on a variety of experiences that the LGBT community face every day in the UK including: personal safety, healthcare, education and employment.

Sexual harassment claims in the workplace are on the rise, and any employee who feels as though they have experienced harassment in a sexual manner, should be made aware of the process for making a complaint.

The legal definition of sexual harassment includes the following:

“A person (A) harasses another (B)”

“A engages in unwanted conduct of a sexual nature”

And “the conduct has the purpose or effect referred to in subsection (1)(b)”

The discussion surrounding sexual harassment in the workplace has continued with the recent announcement from Carolyn Fairbairn, the director general of the Confederation of British Industry (CBI), who called for the reinstatement of Section 40 of the Equality Act 2010. This enabled employers to be held accountable for sexual harassment occurring on their premises, although it was scrapped when the Enterprise and Regulatory Reform Act came in to place in 2013.

The director general of the CBI stated the following: