Question to the Department for Work and Pensions:

To ask His Majesty's Government what procedures the Health and Safety Executive has established to identify addressing workplace sexual harassment as part of employers' duties under sections 2 and 3 of the Health and Safety at Work etc. Act 1974.

The Health and Safety at Work etc Act 1974 (HSWA) sections 2 and 3 could apply to harassment offences in the workplace, but the Health and Safety Executive (HSE) does not apply HSWA where:

• there is a more appropriate regulator with specific responsibility; or
• more directly applicable legislation.

HSE’s long standing policy position is that it will 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. As a result, HSE has not established any procedures to address workplace sexual harassment under HSWA.

Since sexual harassment in the workplace is not part of HSE’s remit, it does not maintain records of instances of workplace sexual harassment.

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.