What is sexual harassment?

Under section 26 of the Equality Act 2010 as unwanted behaviour of a sexual nature that either has the purpose or effect of:

• violating a person’s dignity or
• creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

The Law

The law that protect people against sexual harassment is the Equality Act 2010.

From 26 October 2024, the new duty Worker Protection (Amendment of Equality Act 2010) Act 2023 requires employers to take “reasonable steps” to prevent sexual harassment and create a safe working environment.

What is the preventative duty on employers to prevent sexual harassment of workers?

The preventative duty is an anticipatory duty. It is designed to transform workplace cultures by requiring employers to take positive and proactive reasonable steps to prevent sexual harassment of their workers.

The duty requires NHS Grampian to:

• Anticipate scenarios when its workers may be subject to sexual harassment
• Take action to prevent such harassment taking place

Preventing sexual harassment

Preventing sexual harassment requires clear policies, proactive training, multiple reporting channels and a culture of respect and accountability.

NHS Scotland Policies and Guide

NHS Scotland Gender-Based Violence Policy aims to support employees affected by gender-based violence (GBV) and ensure a safe working environment for all staff.

NHS Scotland Sexual harassment guide aims to support employees who are currently experiencing or have experienced sexual harassment in the workplace.

NHS Scotland Bullying and Harassment Policy provides a framework for preventing, addressing and resolving bullying and harassment.

NHS Scotland Work-related Violence and Aggression Policy outlines the zero-tolerance approach to work-related violence and aggression.

Online Resources and Training available for NHS Grampian staff

NHSG Staff can access e-Learning modules in Turas:

• Gender-Based Violence
• Preventing and Responding to Sexual Harassment
• Responding to a disclosure of rape or sexual assault

Visit the National Wellbeing Hub

The National Wellbeing Hub was established in 2020 to help support the wellbeing of everyone working in Health and Social Care in Scotland.

Having a conversation with someone who has experienced sexual harassment

I have experienced sexual harassment in the workplace, what should I do?

Resources developed by The Royal College of Surgeon Edinburgh

Sexual Misconduct in Surgery – Let’s Remove It

The campaign was originally launched in 2017 to tacked bullying and undermining across the surgical workforce. In 2024, a new element of the campaign by The Royal College of Surgeon Edinburgh is designed to raise awareness of sexual harassment and encourage zero tolerance of sexual misconduct.

• Guidance for individuals affected by sexual misconduct
• Guidance for bystanders
• Guidance for people receiving reports of sexual misconduct
• Guidance for respondents to accusations of sexual misconduct
• Guidance for healthcare organisations

Equally Safe at Work

Guidance for line managers | Equally Safe at Work

The following resources are available to download:

• Line manager’s guidance on rape and sexual assault: Best practice for supporting victim-survivor
• Key messages for line managers responding to disclosures or reports of rape and sexual assault
• Guidance for line managers on violence against women and work
• Guidance for line managers on sexual harassment
• Key messages for line managers responding to sexual harassment

RCPSG Workshop

The Royal College of Physicians and Surgeons of Glasgow offers NHS staff to participate in the RCPSG workshop “Active Bystander Training for tackling Sexual Misconduct in Healthcare” which can now be booked by any healthcare professional.

 

Published: 13/05/2026 12:15