- From 26 October 2024 employers must take reasonable steps to prevent sexual harassment of their workers, including by third parties
- Equality regulator publishes new guidance supporting employers to meet new legal obligations
- Employers must be proactive in assessing risk, identifying action and regularly review their processes.
Following consultation, Britain’s equality watchdog, the Equality and Human Rights Commission (EHRC), has today published updated technical guidance for employers on the steps they can take to prevent sexual harassment in the workplace.
Some of the actions recommended to employers in the guidance include:
- Developing and widely communicating a robust anti-harassment policy, which includes third party sexual harassment
- Undertaking regular risk assessments to identify where sexual harassment may occur and the steps that will be taken to prevent it
- Being proactively aware of what is happening in the workplace and any warning signs, by engaging with staff through 1-2-1s, surveys and exit interviews
- Monitoring and evaluating the effectiveness of actions.
The update follows a change to the law made by the Worker Protection (Amendment of Equality Act 2010) Act, which will have effect from 26 October 2024. The Act introduces a new legal duty on employers to take reasonable steps to prevent sexual harassment of their workers (the ‘preventative duty’). Previously there was no proactive legal obligation on employers to take steps to prevent sexual harassment at work.
The Act also includes the ability for compensation in sexual harassment claims to be increased. If an employment tribunal finds a worker has been sexually harassed, it must consider whether the preventative duty has been met. If not, the employer can be ordered to pay an additional 25% (maximum) compensation.
The change in legislation also gives the EHRC power to take enforcement action where there is evidence of organisations failing to take reasonable steps to prevent sexual harassment. Enforcement by the EHRC does not depend on an incident of sexual harassment having taken place.
The Worker Protection Act strengthens existing legal protections from workplace sexual harassment which can be inadequately addressed by employers. It can damage people’s careers, as well as their mental and physical health.
Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said:
“Sexual harassment continues to be widespread and often under-reported. Everyone has a right to feel safe and supported at work.
“The new preventative duty coming into force on 26 October aims to improve workplace cultures by requiring employers to proactively protect their workers from sexual harassment.
“Employers will need to take reasonable steps to safeguard their workers. We have updated our guidance to ensure they understand their obligations and the kinds of steps they can take.
“We will be monitoring compliance with the new duty and will not hesitate to take enforcement action where necessary.”
Read: Sexual harassment and harassment at work - technical guidance
The EHRC has also updated its short 8-step guide for employers on sexual harassment in the work place.
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