With effect from 26th October 2024 a new law is in force by virtue of the Worker Protection (Amendment of Equality Act 2010) Act 2023

The law imposes a positive duty on all employers for them to take reasonable steps to protect their workers from sexual harassment.

If an employer breaches this duty, then the Equality and Human Rights Commission (EHRC) will have the power to take enforcement action and Employment Tribunals can award a 25% uplift in compensation for sexual harassment in cases where an employee successfully sues their employer in relation to sexual harassment they have experienced at work.

Preventative Duty

This duty is an anticipatory duty. This means that employers need to put in place measures to prevent sexual harassment from occurring. If an incident of sexual harassment occurs, despite the employer’s efforts, the employer must then take specific action to prevent it reoccurring.

The duty only applies to sexual harassment and not to other forms of harassment.

The duty extends to preventing sexual harassment from third parties such as clients, customers, and suppliers.

Reasonable Steps

What steps are reasonable steps for a particular employer to take will depend on:

  • the resources of the employer
  • the nature of the employer’s business
  • the size of the workforce
  • the working environment and the degree to which employees may risk encountering sexual harassment
  • the nature of dealings with any third parties.

At present the legislation requires an employer to take reasonable steps but this is likely to be amended within the next two years. It is expected that an employer will then be required to comply with a higher standard, by taking all reasonable steps.

In practice

The EHRC has published an 8-step guide to help employers comply with the duty.

Step 1: develop an effective anti-harassment policy

Step 2: engage with staff – make sure employees are aware of your policy and take their views into account

Step 3: assess and take steps to reduce risk in the workplace – a written risk assessment is advisable

Step 4: encourage reporting, by explaining what conduct is unacceptable and having clear procedures to allow employees to make reports

Step 5: provide relevant training to employees, managers, and senior management

Step 6: take appropriate action when a harassment complaint is made

Step 7: have procedures to deal with harassment by third parties. For example, implementing a term into contracts with suppliers and customers notifying them of the employer’s policy and seeking adherence.

Step 8: monitor and evaluate your actions, using surveys and other types of feedback

The full 8-step guidance is available on the EHRC website.

It is likely to be beneficial to nominate a particular employee or group of employees to monitor compliance with this duty in the workplace, oversee training and offer support to employees.

Support

Bower Bailey advises employers in relation to sexual harassment policies and procedures and helps employers to manage harassment allegations appropriately.

Should you require specialised legal advice on any point in this article or any other employment law assistance, please contact Duncan Bain and we will be happy to assist you.

This article is for guidance only.

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