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 2024, is due to come into force on 26^th October 2024 and they introduce new obligations for employers. Understanding what these changes mean 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 guidance and practical steps you should take to ensure compliance

Key Changes

These reforms primarily focus on strengthening protections for employees, particularly regarding workplace harassment by third parties (such as customers, clients, or contractors) and increasing accountability for employers.

Reintroduction of Employer Liability for Third-Party Harassment

One of the major changes involves the reinstatement of employer liability for third-party harassment. Previously removed from the Equality Act 2010, this provision makes employers responsible if an employee is harassed by someone from outside the organisation (e.g., a customer) during their employment.

Under the new law, an employer will be liable if they fail to take “reasonable steps” to prevent harassment, even if the harassment occurs only once. This is a significant shift from the previous rule, which required multiple instances before liability could be triggered.

The New Mandatory Duty for Employers

Another key change is the introduction of a mandatory duty requiring employers to take proactive steps to prevent sexual harassment in the workplace. 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.

Increased Penalties for Non-Compliance

If an employer is found to have failed in their duties, tribunals may impose uplifted compensation awards of up to 25% in cases where employers have not complied with the new preventative duty. This is in addition to the existing remedies available under the Equality Act.

What do I do?

Update Your Anti-Harassment Policies

Review and update your workplace policies to clearly reflect the latest changes in sexual harassment laws. 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 policies are easily accessible to all employees and contractors. Regularly remind staff of the procedures in place to report harassment.

Conduct Risk Assessments

Conduct regular risk assessments to identify areas where harassment could occur. For instance, assess whether employees regularly interact with third parties, and evaluate how much control you have over those interactions. Use this analysis to implement risk mitigation strategies, such as enhanced supervision or training.

Implement Training Programs

To meet the requirement of taking “reasonable steps” to prevent harassment, 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 to ensure they align with the new legislative requirements. Make sure your 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 comply with the law.

The new regulations mark a significant shift in the responsibilities of employers. 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 sexual harassment guidance, 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.