Is there a new criminal offence for intentionally harassing someone or causing alarm or distress because of their sex or presumed sex?
From 1 April 2026, the Protection from Sex-Based Harassment in Public Act 2023 adds a new section 4B to the Public Order Act 1986. This makes it a criminal offence to intentionally harass someone, or cause alarm or distress, because of their sex or presumed sex. The offence carries a sentence of up to two years’ imprisonment, a fine, or both.
An offence would be committed under the new section 4B if both of the following apply:
a) Someone intentionally causes harassment, alarm or distress by using threatening, abusive or insulting words or behaviour, or by displaying threatening, abusive or insulting images or signs under section 4A of the Public Order Act 1986; and
b) This is carried out because of the other person’s sex or presumed sex.
Thus, the perpetrator must have the intention to carry out the inappropriate acts, and the victim must have suffered as a result of the perpetrator’s intentional behaviour. However, the new offence will not be committed where both parties are inside a dwelling (either the same one or different dwellings). Therefore, it would normally be committed in public locations or private places outside a dwelling.
Unlike harassment under the Equality Act 2010 (where the employer could be held liable for their employee’s misconduct occurring in the course of their employment), with the section 4B offence only the person carrying out the behaviour would be liable. However, as the conduct could take place at work or at events arranged by the employer outside working hours, employers should check the wording of their disciplinary policy to ensure that where an employee commits a criminal offence, it will be perceived as gross misconduct under that policy.
Employers are reminded that from October 2026 they will have an obligation to take all reasonable steps to prevent sexual harassment in the course of an employee’s employment. From that date, they could also be liable where a third party harasses an employee, unless the employer can show that they took all reasonable steps to prevent this from happening.
If you require any further assistance, please do not hesitate to contact our HR/Legal Advice Line team on 01455 852 028.
