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Section 23 of  the Equality Act: Promise for accountability

Serein Legal Team

Imagine this: Lisa, a hardworking employee at a large retail shop, has been enduring inappropriate comments from a colleague for months. At first, she tries to brush it off, but over time, the remarks become more frequent and uncomfortable. After much internal struggle, Lisa finally reports the harassment to her manager, expecting swift action. But instead of support, she’s told it’s a “he said, she said” situation and nothing changes. The harassment continues. Lisa feels trapped, unsupported and anxious every time she steps into the workplace.

Sadly, this isn’t a rare occurrence—it’s a reality for many employees across industries and the same was highlighted in a high-profile case involving IKEA UK emphasising how damaging this failure to act can be.

In the case, a former employee filed a lawsuit alleging that she was sexually harassed by a colleague. After reporting the incident, she claims that her manager did little to address her complaints, leaving her in a hostile work environment. This case had raised serious questions about harassment claims are being handled and whether policies are truly effective in protecting employees.

However, subsequently IKEA, signed a Section 23 agreement, committing to a zero-tolerance approach to sexual harassment. They  reviewed and strengthened its policies and processes for handling complaints, ensuring that all line managers and HR staff received comprehensive training on the updated procedures. This approach allowed IKEA to address the issue effectively and demonstrate a commitment to a respectful and safe workplace for all employees.

Section 23: A legal tool for proactive change

The Trades Union Congress (TUC) reports that 52% of women in the UK have experienced some form of sexual harassment at work. So, what can be done to prevent more cases like this? 

Section 23 of the Equality Act 2006 allows the Equality and Human Rights Commission (EHRC) to create legally binding agreements with organisations to address and prevent breaches of equality law, particularly in areas related to sexual harassment.

This provision provides an essential enforcement mechanism that holds organisations accountable for ensuring their workplace policies are more than just words on paper. Under Section 23 agreements, companies are monitored to ensure that measures to prevent harassment are not just implemented, but also effective.

Steps every company must take:

Here are some critical steps businesses should take to prevent harassment and ensure a safe, supportive workplace:

  • Immediate and transparent action: When harassment is reported, companies must respond swiftly. Investigations should be thorough and impartial, with clear, actionable steps taken to address the issue.
  • Comprehensive training: Regular training for all employees, especially managers, is essential to create a culture of respect and ensure that everyone knows how to identify and report harassment.
  • Strengthen reporting mechanisms: Reporting harassment should be simple, confidential and free from retaliation. Employees should always feel empowered to speak up without fear of consequences.

Moving from reaction to proaction

This  case serves as a powerful wake-up call for businesses everywhere. No company can afford to be complacent about harassment and discrimination in the workplace. By leveraging tools like Section 23, businesses can take proactive steps to ensure compliance with equality laws and create a safer, more inclusive work environment.

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Custom, gamified courses designed for your team’s context

Data-driven insights to personalise learning and boost performance

Expert-led, localised learning built on research and relevance

Diagnose your culture health to surpass global standards

Diagnose your culture health to surpass global standards

Reports

Diagnose your culture health to surpass global standards

Diagnose your culture health to surpass global standards

Diagnose your culture health to surpass global standards

Diagnose your culture health to surpass global standards

A team of experts collaborating to make workplace better

Make an impact. 
Build the future.

Explore our global client footprint and impact

Featured