New legislation and guidelines are putting pressure on colleges to deal with the ongoing and pernicious issue of sexual harassment. Colleges will need to take heed.
It’s seven years since #MeToo gave voice and confidence to many (particularly in environments with significant power imbalances) to speak out about the extent and toxicity of workplace sexual harassment.
Like many sectors, FE has made inroads in tackling the issue, but colleges face complexities other sectors don’t, and some factors affecting the prevalence of harassment are actually worsening.
Among the endemic issues, many of our students are adults, and the power dynamics between them and their lecturers can make it difficult for staff to address harmful behaviour.
In addition, the sector delivers learning in a more relaxed and informal setting compared to schools. This makes it harder for staff to maintain professional boundaries and easier for misconduct to go unchallenged.
Note that incidents of sexual harassment that go unreported still have a significant impact on the safety and wellbeing for everyone involved. They also undermine confidence in an organisation’s culture.
Staff could be reluctant to report incidents for several reasons, among them fear of not being taken seriously or having to face repercussions. But, under the new Worker Protection Act, institutions are required to create environments that are safe for all staff and students to raise concerns.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force on 19 October and, alongside the new requirements from the Office for Students (OfS) for institutions offering higher education, means the sector is under more pressure than ever to protect both staff and students from sexual harassment and misconduct.
Worker Protection Act
The Worker Protection Act places a positive duty on employers to actively prevent harassment, including between students and staff.
So, if a lecturer has been harassed by a student (or another staff member) and the institution hasn’t taken reasonable steps to prevent it, the college could be held liable. Employment tribunals will have the power to increase compensation payouts by up to 25 per cent if an employer has failed in its duty.
What’s concerning is the growing data on behaviour in colleges. Last month, FE Week reported that student suspensions have doubled since the pandemic, from 2,104 in 2019-2020 to 4,173 in 2023-2024. Exclusions are also up by 50 per cent, with colleges citing issues like sexual harassment as major reasons for disciplinary action.
This spike in suspensions reflects a deeper problem: post-pandemic, many students are struggling with behaviour, and the pressure on staff to manage this is increasing.
The link between mental health and poor behaviour is undeniable, and some colleges have implemented trauma-informed practices to address this. However, these measures must be combined with clear, enforceable policies on harassment if they are to make a real difference.
Office for Students
Adding to this challenge are the new OfS requirements, which mandate that colleges have clear, accessible policies on harassment and sexual misconduct. The OfS ‘Condition E6’ requires institutions to ensure that all students and staff know where to report misconduct, how it will be handled and what support is available.
The OfS guidelines, which come inteo effest in August 2025, also reinforce the need for transparency. Institutions must prevent harassment and show they are actively managing incidents through reporting systems, regular staff training and clear communications.
What needs to change?
So, how can FE institutions meet the challenges posed by the Worker Protection Act and the OfS requirements?
Firstly, policies must be more than words.
Colleges need to apply practical measures that make it easier for both staff and students to report incidents of misconduct. This could include anonymous and mobile reporting platforms, regular staff training, and a culture of transparency where concerns are taken seriously.
It’s also important that institutions understand the power dynamics at play. Lecturers need to feel supported, especially when dealing with older students who may not see the same boundaries that younger learners do.
The Worker Protection Act and OfS guidelines are there to ensure that institutions take these issues seriously—but it’s up to FE colleges to make sure that they do.
Seven years after #MeToo, the message is clear: harassment and misconduct are still major issues, and the next step in bringing about change is enforcement.
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