Wynne Evans’ departure from Strictly Come Dancing has sparked important discussions about workplace conduct and how employers should respond to inappropriate behaviour—even when no formal complaints have been made.
While the BBC confirmed that no complaints were received regarding Evans’ alleged sexual comment in a video, they still took the matter seriously. This highlights a key issue: harassment doesn’t need to be reported to be a workplace concern.
With the Workers Protection Act 2024 coming into force in October 2024, employers now have a legal duty to take proactive steps to prevent harassment making it even more important than ever to address inappropriate behaviour swiftly and effectively.
Sexual Harassment and the Law: What Employers Need to Know
Under the Equality Act 2010, sexual harassment is defined as unwanted behaviour of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This includes comments, jokes, gestures, and inappropriate remarks.
A common misconception is that if no one complains, an employer has no responsibility to act. However, this is not the case—and the new Workers Protection Act 2024 strengthens this position.
What is the Workers Protection Act 2024?
The Workers Protection Act 2024, which came into effect in October 2024, introduces a new legal duty on employers to take all reasonable steps to prevent sexual harassment in the workplace.
This means that:
1) Employers must actively work to prevent harassment, rather than just responding to complaints.
2) A failure to take preventative action could result in legal liability, even if no formal complaints are made.
3) The Equality and Human Rights Commission (EHRC) now has greater powers to take enforcement action against employers who fail to comply.
This shift in the law means that turning a blind eye is no longer an option, businesses must take proactive steps to create a safe and respectful workplace.
Why Did the BBC Take Action Without a Complaint?
Even though no formal complaints were received about Evans’ comment, the BBC still acted. Why?
Risk of Future Claims
Employees (or even the public) could later come forward with complaints, putting the BBC at legal and reputational risk. If further inappropriate behaviour took place people could argue that the employer was known not to act on matters of sexual harassment or that they had accepted behaviour from the perpetrator before.
Legal Compliance
Under the new Workers Protection Act 2024 which came into effect in October 2024, employers must prevent harassment, not just respond when it occurs.
Workplace Culture
Tolerating inappropriate behaviour can lead to a toxic work environment and potential repeat incidents.
This case sets a clear example for other businesses: inappropriate conduct should be addressed swiftly, regardless of whether a formal complaint is made.
Sexual Harassment is Not “Just Banter”
One of the most common excuses for inappropriate behaviour is that it was “just a joke” or “banter”. However, sexual harassment disguised as humour is still harassment.
🚫 “It was just a joke” doesn’t make it acceptable.
🚫 The intent doesn’t matter—the impact does.
🚫 If someone feels uncomfortable, it is harassment, even if others laugh it off.
It is still harassment event if nobody complains
Dismissing inappropriate comments as banter contributes to a workplace culture where people feel unsafe or reluctant to report concerns. Employers must make it clear that “banter” is not an excuse for inappropriate or offensive behaviour.
Lessons for Employers: What You Should Do Now
With the Workers Protection Act 2024 now in force, employers should:
Update Workplace Harassment Policies
Ensure policies reflect the new legal requirements and clearly define unacceptable behaviour.
Provide Regular Anti-Harassment Training
Educate employees and managers about what constitutes harassment and how to report it.
Take Action Even Without a Complaint
If inappropriate behaviour occurs, don’t wait for a formal complaint, address it immediately.
Create a Culture of Respect
Encourage open communication and make it clear that harassment, even under the guise of banter, will not be tolerated.
Join Our Anti-Sexual Harassment Training Webinar
To help businesses understand and comply with the Workers Protection Act 2024, we’re hosting an Anti-Sexual Harassment Training Webinar on 6th March 2025.
📅 Date: 6th March
🔗 Register via Eventbrite https://www.eventbrite.co.uk/e/1220732165769?aff=oddtdtcreator
or contact us for more details.
Proactively addressing workplace harassment is no longer optional it’s a legal duty. Make sure your business is prepared.