Following new legislation to help prevent sexual harassment in the workplace, Merly Kammerling outlines how employers can make their bars a better environment for all staff.

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There are many risk factors in hospitality which make workers vulnerable to sexual harassment, such as organisational tolerance of sexism, large power differences in the hierarchy, harassment being passed off as banter, managers not taking reports seriously or a lack of encouragement to report incidents; and last, by no means least, working face-to-face with the public. A survey by Unite the Union in January 2018 found that nine in 10 hospitality workers had experienced sexual harassment. Over half of those who had experienced sexual harassment said the perpetrator was a customer.

In addition to these risk factors is the reality of an unstable economy and employment instability. As employment lawyer Sarah Russell mentioned in a recent article for the BBC: “Financial vulnerability translates into sexual vulnerability.” Vulnerable employees are those who have low-paid jobs, zero-hour contracts, and/or are worried that they won’t get another job elsewhere because the job market is tough. This is coupled with many victims or witnesses of sexual harassment not speaking out for fear of backlash, not being believed and/or losing their jobs or their place on the career ladder. Victims often surrender to the possibility that harassment is as prevalent or worse in other establishments.

However, sexual harassment is not only a problem in our industry but also a societal and economic epidemic. A 2023 poll by the Trades Union Congress (TUC) of 1,000 women found that 58% had been sexually harassed at work. This figure rose to 62% for women aged 25-34. And two in five (43%) women have experienced at least three incidents of sexual harassment at work. 

And let’s not forget that sexual harassment is not exclusive to women. Men and the LGBTQIA+ community experience it too, rather commonly:

• Seven out of 10 LGBT+ workers have experienced sexual harassment while at work (TUC)

• 18% of men reported experiencing unwanted sexual behaviours at work (TUC)

The law on sexual harassment in the UK has recently changed to create a more proactive approach to preventing sexual harassment in the workplace and improve workplace cultures by requiring employers to protect their workers from sexual harassment proactively. Anneliese Dodds, Minister for Women & Equalities, said: “This government is determined to ensure that we not only make work pay; we also make work safe. Too many people feel uncomfortable or unsafe at work due to sexual harassment and we are putting every effort into putting a stop to it. The preventative duty is an important step on the journey, and we will continue to improve protections for workers until everyone can thrive.”

What is sexual harassment?

Sexual harassment occurs when there are any unwanted behaviours or comments of a sexual nature if the behaviour or comments violate a person’s dignity or create an intimidating, hostile, degrading or offensive work environment for the individual concerned. Harassment is judged on how the recipient perceives the unwanted behaviour, not how it was intended. For example, off ensive comments passed off as ‘banter’ and intended as a joke or a compliment are not justifi able. If the victim or witness perceives the compliment or joke as sexual harassment, then it is sexual harassment. 

The law – what’s changed?

From 26 October 2024, the Worker Protection Act 2023 (Amendment of Equality Act 2010) has strengthened the protection of workers against sexual harassment. The rules mean employers will have a “duty to take reasonable steps” to prevent sexual harassment in the workplace.

Two legislative measures:

• A duty on employers to take reasonable steps to prevent sexual harassment

• A duty to address harassment from third parties

Third-party harassment is a type of sexual harassment that arises when a non-worker harasses an employee, such as a customer, delivery driver or supplier. A co-worker does not fall under third-party harassers.

For example, if a private members’ club employee discloses that she had been sexually harassed by a customer and her manager does not take appropriate action because “the customer always comes fi rst”. An employer is unlikely to succeed with a justifi cation defence in these circumstances. The TUC survey also found that in 39% of the most recent incidents, the perpetrator of the sexual harassment, bullying or verbal abuse was a third party.

Employment tribunals can increase compensation awards by up to 25% if employers fail to meet their obligations, and the Equalities & Human Rights Commission (EHRC) can take enforcement action against non-compliant businesses, leading to potential fines.

With the end-of-year festivities upon us - at time of writing -  there will be a higher level of customer interaction and intoxicated guests who may not be on their best behaviour; it’s paramount that businesses are prepared. Implementing preventative measures and protecting employees from third-party harassment is going to be a real challenge for a lot of venues. 

Here are some ways you can create some preventative measures towards third-party harassment: 

• Put reporting protocols in place so staff know how and who to report to

• Encourage staff to report sexual harassment when it happens

• Discuss as a business what steps will be taken to deal with a complaint and prevent it from happening again. For example, warning a customer about their behaviour, banning a customer, reporting any criminal acts to the police or sharing information with other sites

• Assess high-risk workplaces in which staff might be left alone with customers

• Train staff so they are aware of the signs and behaviours that they feel could be sexual harassment and how to respond to such behaviour

• Think of ways you can make your guests aware that you operate zero-tolerance towards off ensive and unlawful behaviour

• Are there other ways to increase surveillance? Such as extra policing for large areas, CCTV or body cams for staff on shift 

Regardless of new legislation, staff welfare should be paramount in any business. Raising the discussion and upskilling employees on how to deal with sexual harassment, as a victim or witness, should be a priority for any business. Safeguarding is everyone’s responsibility to ensure a safer environment for all those within our communities.

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Merly Kammerling is the founder of Well & Being, which runs a hospitality-specific Sexual Harassment in the Workplace Awareness training that can equip you and your team to understand what constitutes sexual harassment and how we can protect and promote a safer environment for all. Visit wellandbeing.co.uk.

If you, or someone you know, have been affected by crime, including sexual harassment or any sort of sexual harm, contact Victim Support for free, confidential help. Call 08 08 16 89 111 or go to victimsupport.org.uk.

Or contact ACAS: for employees, employers and anyone affected by sexual harassment at work and in need of guidance in understanding your rights and options in the workplace. Helpline: 0300 123 1100 acas.org.uk/advice.