New Duty on Employers to Prevent Workplace Sexual Harassment
As of 26 October 2024, a new legal duty will come into force in the UK, requiring employers to take reasonable steps to prevent sexual harassment in the workplace.
This change, introduced by the Workers Protection (Amendment of Equality Act 2010) Act 2023, places a greater responsibility on businesses of all sizes to actively combat harassment. Failing to comply could lead to significant financial and reputational consequences for employers. In this article, we will explore the new law, what it means for employers, and practical steps to ensure compliance with these requirements.
Please contact us if you are an employer or employee looking for advice on this new legal duty.
What is the new law on sexual harassment coming into force in 2024?
The Workers Protection (Amendment of Equality Act 2010) Act 2023 introduces a significant amendment to the Equality Act 2010. Starting from 26 October 2024, employers will have a duty to take reasonable steps to prevent sexual harassment in the workplace. This landmark change is something all employers should take seriously.
What does the new law require from employers?
Under the new law, employers must take proactive steps beyond simply having a policy on sexual harassment. They need to actively educate employees and visitors about the zero-tolerance stance towards sexual harassment, ensuring a safe and respectful working environment.
How does the Equality Act define sexual harassment?
Sexual harassment, according to the Equality Act 2010, occurs when someone engages in unwanted conduct of a sexual nature that violates another person's dignity or creates a hostile, degrading, or offensive environment. Importantly, harassment can happen between individuals of any gender.
What are the consequences for employers failing to prevent sexual harassment?
Employers who do not take reasonable steps to prevent sexual harassment may face severe penalties. An Employment Tribunal can increase compensation by up to 25% for successful claims. The Equality and Human Rights Commission (EHRC) also holds enforcement powers to ensure compliance with this new law.
It should be noted, however, that this is not a standalone claim. A claimant must first bring a claim for sexual harassment under the Equality Act 2010. The Employment Tribunal will then assess whether the employer took reasonable steps to prevent the behaviour that led to the claim.
What constitutes ‘reasonable steps’ for employers?
Reasonable steps will vary depending on the size and resources of the employer. Larger organisations are expected to implement more comprehensive measures than smaller businesses. However, the responsibility to act remains significant for all employers.
What can employers do to comply with the new law?
The Equality and Human Rights Commission (EHRC) has issued technical guidance on this legislation. In particular, employers should:
- Conduct a risk assessment: Analyse the potential harassment and victimisation risks based on your company’s policies, procedures, and work practices.
- Implement a specific policy on sexual harassment: Employers should create a dedicated sexual harassment policy that is clearly worded, easily accessible, and regularly updated.
- Provide mandatory training: All employees should receive training to understand what constitutes sexual harassment and the expected standards of workplace behaviour. Managers need additional training to handle complaints effectively.
- Foster a zero-tolerance culture: Employers must emphasise that sexual harassment will not be tolerated and encourage staff to report incidents without fear of retaliation.
- Monitor and respond to complaints: Sexual harassment complaints must be taken seriously and addressed promptly to ensure employees feel supported and issues are not simply swept under the rug.
Employers can adapt these steps based on their business size and resources. Larger employers may need to invest more heavily in HR departments, while smaller businesses may have simpler but equally effective processes.
Should employers train staff on sexual harassment policies?
Yes, training is essential. All employees should be trained to understand what constitutes sexual harassment, how to report incidents, and what behaviour is expected. Managers, in particular, need specific training to handle complaints effectively and fairly.
How should employers address sexual harassment from visitors?
Although the new law does not directly cover third-party harassment, employers must still ensure visitors, such as customers, do not engage in harassing behaviour. Public notices or contractual terms can help clarify that sexual harassment will not be tolerated on the premises.
What happens if employers do nothing?
Employers who fail to comply risk serious consequences. If an employee successfully claims sexual harassment, the Tribunal can raise compensation by up to 25%, particularly if the employer did not take reasonable steps to prevent the harassment.
How can Crane & Staples assist employers with this new duty?
If you need guidance on how to comply with the new law on preventing sexual harassment, please contact Michael Scutt on 01707 329333. We provide expert legal advice tailored to your business needs.