New legal duty for employers to prevent sexual harassment in the workplace
From 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will strengthen the protection that is available for workers against sexual harassment. There will be a new proactive duty on employers to take ‘reasonable steps’ to prevent the sexual harassment of their employees. If a Tribunal finds that an employer has failed to take steps to protect its workers, it may order them to pay a 25% uplift to any award of compensation for sexual harassment.
The new law will not apply to other forms of harassment such as harassment related to age, disability religion or belief. It also does not apply to harassment related to sex, as this is different to sexual harassment, the latter being sexual in nature. For all other types of harassment, the duty for employers remains as set out in the Equality Act 2010. This is for an employer to take ‘all reasonable steps’ to prevent the harassment from happening in the first place.
The Equality and Human Rights Commission have advised that employers will have an ‘anticipatory duty’ to prevent sexual harassment, which means they should not wait until an incident has taken place before they take action. This duty requires employers to ensure that they are proactive in creating a safe working environment and implement measures specifically to prevent sexual harassment.
Employers are advised to take the following measures:
- Policy Implementation:
- Employers should review and update their anti-harassment policies to ensure they are comprehensive and effective. This includes clear procedures for reporting harassment and measures for protecting employees from co-worker and third-party harassment.
- Training and Awareness:
- Employers must provide regular training to all employees on recognising, preventing, and reporting sexual harassment. Line managers will have an important role to play here in identifying, challenging and dealing with sexual harassment and their training should give them the confidence to tackle such behaviour. All training should be documented and updated regularly.
- Monitoring and Review:
- Employers should regularly monitor the workplace environment and review their policies and procedures to ensure they are effective in preventing sexual harassment. This could include conducting surveys or feedback sessions with employees.
- Reporting channels:
- Employees should be made aware of how they can report allegations of sexual harassment. These channels should be well promoted, confidential and easily accessible within the business.
- Taking Action:
- Employers must take immediate and appropriate action when a complaint of sexual harassment is made. This includes conducting a thorough investigation and taking disciplinary action where necessary.
The new law aims to help employers create a safer and more respectful workplace and reduce the risk of sexual harassment and potential legal claims.
If you would like us to review your anti-harassment policies or your employee polices generally, or you would like us to provide training to staff on the prevention of sexual harassment or on any other topic, please do not hesitate to contact a member of the team.
#mellor #employmentlaw #sexualharassment