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I wonder what I need to do to comply with the new sexual harassment legislation?
As an employer, it’s crucial to stay updated on changes to employment laws that impact your business. The new duty to prevent sexual harassment in the workplace, which is set out in the Worker Protection (Amendment of Equality Act 2010) Act 2023, came into force on 26th October 2024. Understanding what the new duty means and how to comply is essential for fostering a safe and respectful workplace while also protecting your business from legal risks.
In this article, we will break down the key aspects of the new rules and practical steps you should take to ensure compliance.
Current law
An employer will be vicariously liable for an act of harassment committed by an employee while at work, even if the employer did not know of or approve the harassment. The employer will have a defence to liability if they can show they took “all reasonable steps” to prevent the harassment from occurring. This is a very high bar for employers.
The New Mandatory Duty for Employers
The Worker Protection Act introduces a new proactive duty on employers regarding sexual harassment only. As of 26 October 2024, employers have a mandatory duty to take “reasonable steps” to prevent sexual harassment of their employees. This duty goes beyond just addressing incidents once they happen — it requires employers to actively foster an environment where harassment is less likely to occur.
Where an employee brings a successful sexual harassment claim, the tribunal may impose an uplifted compensation award of up to 25% if the employer has not complied with the new preventative duty. This is in addition to the existing remedies available under the Equality Act.
What do I do?
The Equality and Human Rights Commission has published guidance on steps employers can take to prevent sexual harassment at work. We’ve also provided the following suggested steps employers could take.
Update Your Anti-Harassment Policies
Ensure that you have anti-harassment and diversity and inclusion policies in place and that these are reviewed at least annually. Ensure your anti-harassment policies explicitly cover sexual harassment and third-party harassment, and outline how complaints involving non-employees will be handled.
Make sure these policies are easily accessible to all employees and contractors. Regularly remind staff that your business has a zero tolerance policy regarding harassment and of the procedures in place to report harassment.
Conduct Risk Assessments
Conduct regular risk assessments to identify areas where harassment could occur. For instance, employees may be more at risk of harassment where they work alone, work with minimal supervision, or regularly interact with third parties. Use this analysis to implement risk mitigation strategies, such as enhanced supervision or training.
Implement Training Programs
Implement training programmes for employees and management. These programmes should cover what constitutes sexual harassment, how to report it, and the consequences for those involved in harassing behaviour.
Managers in particular, need to be trained on how to handle complaints sensitively and effectively. Consider mandatory annual refresher courses to reinforce key concepts and expectations.
Review Grievance and Disciplinary Procedures
Review your grievance and disciplinary procedures are robust, transparent, and provide clear guidance on how complaints will be investigated and resolved. This will help demonstrate that your organisation is serious about tackling harassment.
Document Everything
Ensure that you document all actions taken to prevent and address sexual harassment, such as training records, risk assessments, and responses to complaints. In the event of a tribunal claim, having thorough documentation will help demonstrate that you took reasonable steps to prevent sexual harassment.
Rather than simply reacting to complaints, businesses must now take proactive steps to prevent harassment from occurring in the first place, including ensuring the safety of employees from third-party harassment. By updating your policies, implementing training, and taking practical steps to foster a harassment-free environment, you can stay compliant and maintain a respectful and inclusive workplace.
If you have any questions about the new duty to prevent sexual harassment, our Peace of Mind Team can provide specific advice and our Document Audit Team can help draft relevant policies. Contact our employment law team by emailing employment@warnergoodman.co.uk or by calling 023 8071 7717.