As of 26 October 2024, employers face new legal obligations to prevent sexual harassment in the workplace. The Worker Protection (Amendment of Equality Act 2010) Act introduces stringent requirements, demanding proactive measures from businesses to safeguard their employees. Understanding and implementing these duties is crucial, not only to comply with the law but also to foster a safe and respectful work environment.
What is Sexual Harassment?
Sexual harassment occurs when someone is subjected to unwanted conduct, communication, or attitude of a sexual nature. This behaviour could violate their personal views, feeling, or dignity, or create an intimidating, hostile, humiliating, or offensive work environment. In this way, it is the impact on the individual that defines harassment, not the intent behind the behaviour.
Unlawful discrimination also occurs when someone is treated less favourably for submitting or rejecting a harassment claim. It is also important to note that a single serious act can constitute harassment, not just a pattern of behaviour.
The Worker Protection (Amendment of Equality Act 2010) Act 2023
This new piece of legislation specifically addresses sexual harassment, and requires employers to take ‘reasonable steps’ to prevent it in the workplace. While these steps haven’t been defined, Employment Tribunals now have the authority to increase damages by up to 25% if an employee successfully proves their claim and the employer is found to have breached this new duty.
Additionally, the Equality and Human Rights Commission (EHRC) can take enforcement action against employers. It’s also worth noting that this legislation does not apply to harassment based on other protected characteristics, such as race, sex, or religious beliefs. The proposal to protect employees from sexual harassment by third parties, like customers, has also not been included.
What are Reasonable Steps?
Currently, ‘reasonable steps’ have not been clearly defined. However, the EHRC is expected to release updated guidance on sexual harassment in due course, which will incorporate this new duty. The necessary steps will likely depend on the size and resources of the employer.
Under the Equality Act 2010, employers can defend against unlawful harassment claims if they have taken ‘all reasonable steps’ to prevent it. The new law’s requirement of ‘reasonable steps’ suggests a potentially lower threshold for compliance.
What are Employers Expected to Do?
To comply with the new legislation, employers should:
- Implement and update an effective sexual harassment policy.
- Communicate the policy clearly to all staff, explaining its meaning, impact, and the given consequences for breaching said policy.
- Provide training for staff on sexual harassment and the expected standards of behaviour. On top of this, managers must be trained on handling complaints effectively.
- Establish a clear method for reporting harassment, and ensure all staff are aware of the procedure.
- Address complaints seriously and impartially, ensuring that no recriminations are made against the complaint.
- Foster a zero-tolerance approach to sexual harassment.
Seek FREE Guidance from the Experts
By staying informed and proactive, employers can ensure their compliance with the new Worker Protections Act 2023, creating a safer, more respectful workplace for all. Employers are advised to contact the HR Helpline Service for FREE on 0116 274 9193 to understand their obligations and learn what steps they need to take to comply with the new duties, along with other HR issues.
