From 26 October 2024, new legislation will be in place requiring employers to proactively prevent sexual harassment in the workplace.
The Worker Protection (Amendment of Equality Act 2010) 2023, introduces a new duty on employers to take reasonable steps to prevent sexual harassment of their employees in the course of their employment.
What is Sexual Harassment
Updated
guidance, newly issued by the Equality and Human Rights Commission (EHRC), says that sexual harassment occurs when a worker is subjected to unwanted conduct, which covers a wide range of behaviour.
The contact doesn’t need to be sexually motivated, only sexual in nature. Unwanted conduct can be from someone of the same or a different sex.
Prevention
Employers will be under a new duty to prevent potential situations where their staff could be subject to sexual harassment while working. Every employer must comply and will need to anticipate any likely or predictable situations where this could occur, taking preventative action to minimise risk.
Anticipating risk and deciding what proactive steps need to be taken may be different for different employers and depend on individual circumstances, such as the working environment, nature and size of the business, and resources.
It’s important to take all necessary steps to proactively protect your employees, ensure compliance with the Act, and protect your business by having appropriate evidence which can be presented in the event of a future Tribunal claim.
· Assess the risks.
· Identify the risk factors.
· Put preventative measures in place.
· Create a clear policy of expected workplace behaviour.
· Ensure staff have clearly defined reporting procedures for making a complaint.
· Train line managers and staff.
Where relevant, and depending on factors within their own business, employers may also wish to consider any particular risk posed to their staff by third parties such as customers and suppliers.
Failure to Comply
· The EHRC will have powers to take direct enforcement action against employers who breach the mandatory duty.
· Employment Tribunals will have the power to increase compensation for harassment by up to 25% where an employer has breached its duty to take reasonable steps. It’s important to note that compensation awards for harassment claims are uncapped.
If an Incident Occurs
If an incident of sexual harassment has taken place, employers should immediately investigate and resolve any complaints promptly, efficiently and sensitively. Action should be taken to stop it happening again.
If an individual makes a complaint that may amount to a criminal offence, the employer should raise the possibility of reporting the matter to the police with them. If the employee chooses to do so, the necessary support should be provided.
Best Practice
· Ensure confidentiality and support for employees who report sexual harassment.
· Regularly review policies, procedures and training to ensure the measures are working effectively and that you remain compliant.
WorkSmarter Can Help
Understanding the intricacies of this new law is essential, especially with regard to your individual circumstances. What are the ‘reasonable steps’ your organisation needs to take?
While most employers will already have measures in place to deal with workplace sexual harassment, some organisations may wish to review current policies or consider doing more to protect from risk.
To help larger employers avoid the pitfalls, WorkSmarter can arrange in-house, bespoke training from expert employment specialists on this subject.
Note: The content of this article is for general information only and does not constitute legal advice. Specific legal advice should be taken in any specific circumstance.
