Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, what steps the Health and Safety Executive is taking to help tackle incidents of workplace sexual harassment; and what procedures it follows to identify workplace sexual harassment during workplace inspections.

Whilst the Health and Safety at Work etc Act 1974 could apply to harassment offences in the workplace, the Health and Safety Executive’s (HSE) long standing position is that it does not seek to regulate or apply health and safety at work legislation where another regulator has specific responsibility or there is more directly applicable legislation.

A specific purpose of The Equality Act 2000 is to tackle sexual harassment in the workplace and from 26 October 2024, employers are under a new legal duty to take reasonable steps to prevent the sexual harassment of staff at work.

The Equality and Human Rights Commission and the Advisory, Conciliation and Arbitration Service have published extensive guidance on sexual harassment in the workplace, provide advice to individuals and organisations, and will help individual people with their legal cases in seeking civil remedies to instances of sexual harassment. HSE works closely with other regulators to promote co-operation, share intelligence and where appropriate, co-ordinate on joint regulatory activities.

Workplace sexual harassment is unlawful under legislation such as the Equality Act 2010, the Protection from Harassment Act 1997, and the Sexual Offences Act 2003. The Equality and Human Rights Commission (EHRC) directly addresses incidents of discrimination and sexual harassment under the Equality Act 2010, ensuring that employers meet their obligations to prevent these issues.

As there are other better placed regulators, HSE inspectors do not raise the issue during workplace inspections.