From 26th October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force, placing a legal duty on employers to take reasonable steps to prevent sexual harassment in the workplace.
Here’s an overview of what this new duty means for employers and how to ensure compliance.
Some key points
- Employers will be required to take proactive and preventative measures to prevent sexual harassment, not just react to incidents.
- The duty extends to third parties, which means employers are responsible for preventing harassment from customers, clients and other external parties.
- Employers must conduct thorough risk assessments to identify potential vulnerabilities and take appropriate measures.
- Compliance to this duty is an ongoing process, and will require continuous monitoring, evaluation and improvement.
Taking reasonable steps
Most employers likely already have a system in place to prevent sexual harassment such as an anti-harassment policy. However, this is likely going to be insufficient to stay compliant with the new duty.
To comply with the duty, employers must proactively address and prevent sexual harassment in the workplace. The specific measures they take will vary depending on the individual circumstances of each business, but no employer is exempt from this duty.
Employers should consider the following:
- If one is not already in place, developing an effective anti-harassment policy which clearly outlines their commitment to preventing sexual harassment and provide guidance for employees on reporting incidents and accessing support.
- Engaging staff by conducting training sessions to educate employees about sexual harassment, its consequences and the importance of creating a respectful workplace culture.
- Assessing and reducing risk by identifying potential areas of risk within their workplace and take proactive steps to mitigate them. This could involve reviewing workplace practices, policies and procedures.
- Setting up reporting procedures by establishing clear, accessible and confidential mechanisms for employees to report incidents of sexual harassment.
- Providing regular, comprehensive training to all employees, including managers and supervisors, on recognising and addressing sexual harassment.
- Promptly and effectively investigating all complaints of sexual harassment thoroughly and taking appropriate disciplinary action.
- Implementing measures to prevent harassment from customers, clients or other external parties.
- Regularly reviewing anti-harassment policies and procedures to ensure their effectiveness and make necessary adjustments.
Consequences of non-compliance
- Employers who fail to comply with the new duty may face higher compensation awards for victims of sexual harassment.
- The Equality and Human Rights Commission has the power to investigate and take enforcement action against non-compliant employers.
For further guidance with the new duty, please take a look at the guidance issued by the EHRC.
