- From 26th October 2024 employers must take reasonable steps to prevent sexual harassment of their workers, including by third parties
- Equality regulator EHRC publishes new guidance supporting employers to meet new legal obligations
- Employers must be proactive in assessing risk, identifying action and regularly review their processes.
The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
Under the Equality Act 2010 employers have a positive legal duty to take reasonable steps to prevent sexual harassment of their workers.
Changes to the Worker Protection (Amendment of Equality Act 2010) Act, will have effect from 26th October 2024.
new legal duty on employers to take reasonable steps to prevent sexual harassment
This 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:
“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 26th October [2024] 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.”
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.
See: Sexual harassment and harassment at work – technical guidance
This guidance covers sexual harassment, harassment and victimisation in employment under the work provisions in the Equality Act 2010 (‘the Act’). The work provisions are based on the principle that workers should not be harassed, discriminated or victimised at work (Part 5 of the Act).
This guidance also covers an employer’s positive legal duty to take reasonable steps to prevent sexual harassment of its workers (the ‘preventative duty’).
The EHRC has also updated it’s short 8-step guide for employers on sexual harassment in the work place.
Step 1: develop an effective anti-harassment policy
Step 2: engage your staff
Step 3: assess and take steps to reduce risk in your workplace
Step 4: reporting
Step 5: training
Step 6: what to do when a harassment complaint is made
Step 7: dealing with harassment by third parties
Step 8: monitor and evaluate your actions
all employers must take action and no employer is exempt from the sexual harassment preventative duty
The law does not list specific steps an employer must take. Different employers may seek to prevent sexual harassment in different ways, but all employers must take action and no employer is exempt from the sexual harassment preventative duty.
More resources?
ACAS:
As an employer, you must take steps to prevent sexual harassment:
PAYadvice.UK 11/10/2024