On 26th October 2024 new laws came into force on employers to take reasonable steps to prevent sexual harassment in the workplace.
What does this mean in practice?
The Worker Protection (Amendment of Equality Act 2010) Act 2023 states that employers will have a legal responsibility to actively prevent sexual harassment happening in the workplace. No such requirements have been in place before and taking no action is no longer acceptable.
The laws also includes protection against third-party harassment. This means that if a worker is harassed by someone who is not their co-worker; such as clients, customers, suppliers, or other individuals associated with the workplace, the employer can still be held responsible.
What is classed as sexual harassment?
Quite simply sexual harassment is any unwanted conduct of a sexual nature that creates an intimidating, hostile, or offensive environment. This can include inappropriate comments, advances, or actions that undermine a person's dignity and well-being.
It’s important to note that under the law, the intention behind the behaviour is irrelevant. What matters is whether the actions create a hostile environment for the person/s affected, regardless of the intent.
Taking no action could be costly!
If a worker files a tribunal claim for sexual harassment and is successful, and the employer is found to not have taken steps to prevent it happening, the compensation the employer pays to the worker increases by up to 25%.
The Equality and Human Rights Commission can also take action against employers who don’t take any action to prevent harassment.
This change emphasises this importance of employers to take steps to create a safe, respectful and inclusive working environment for all.
Time to Act!
Undertaking a risk assessment - identify workplace factors or practices that may increase the risk of harassment. Assess the physical and cultural environment, including team dynamics, isolated work settings, power imbalances, or unclear reporting structures.
Set clear expectations - ensure you have an updated harassment policy in place to ensure expectations of behaviour are clear.
Introduce reporting mechanisms - provide confidential channels for workers to report harassment safely.
Train managers – ensure managers have the knowledge to recognise and address harassment and understand the reporting processes.
Investigate promptly - handle complaints swiftly and conduct fair, consistent, and thorough investigations.
Foster a respectful environment - promote a workplace culture of respect and inclusivity, making it clear that any form of harassment will not be tolerated.
Get in touch for advice and support to ensure you are compliant and have the right measures in place to protect your workers.
Written by: Sharon Fern
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