The recent revisions to sexual harassment provisions mark a significant shift in workplace legislation, aiming to create safer and more inclusive environments for all employees. These changes reflect a broader commitment to fostering Equality, Diversity & Inclusion (EDI) in workplaces.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force on 26 October 2024. The new Act introduces a new duty for employers to take “reasonable steps” to prevent sexual harassment of employees in the course of their employment.
Sexual harassment is already unlawful under the Equality Act 2010. The definitions and framework of harassment were covered in our previous blog here.
Under current legislation, employers can be vicariously liable for harassment by their employees. There is however a defence available if the employer can show that they took “all reasonable steps” to prevent the harassment complained of.
Key Changes in Sexual Harassment Provisions
The new Act will impose a mandatory legal duty on employers to proactively prevent sexual harassment of employees while they are at work by taking reasonable preventative actions.
Under the new Act, Employers will be under a legal duty to take “reasonable steps” to proactively prevent sexual harassment. This will be an objective test. When deciding what preventative steps are reasonable, regard can be given to the size, resources and sector of a company, so small employees will not be expected to do as much as larger employers.
This will not introduce a new cause of action for individuals. However, from 26 October 2024, where the Employment Tribunal (“ET”) upholds a claim for sexual harassment, it must also consider whether, and to what extent, the employer has failed to take reasonable steps to prevent harassment of the employee. If the ET is satisfied that the employer has failed to take reasonable steps, then it may order the employer to pay an additional 25% uplift in compensation.
Employers should develop robust anti-harassment policies that are lived and breathed, conduct regular training sessions to all staff (not just managers), and reflect on their culture so they can establish clear reporting mechanisms to ensure all employees understand their rights and the processes available.
The Equality and Human Rights Commission (“EHRC”) will also have enforcement powers to investigate potential contraventions, issue unlawful act notices and unlimited fines.
Another of the standout changes is the extended liability for employers. Employers will face increased accountability for acts of harassment committed by third parties, such as clients or customers, against their employees. This shift emphasises the need for proactive measures in creating a safe working space, beyond just the interactions within the workforce. This will be particularly crucial for those who have customer or client facing roles on a day-to-day basis, such as roles in hospitality and care.
The Equality and Human Rights Commission’s technical guidance has been updated to cover the new duty and obligations. You can read the update guidance here.
Implications for Employers:
- No longer simply a tick box exercise.
- Employers must take a proactive approach.
- Stricter monitoring and review of procedures will be required.
- Time and financial investment will be needed to meet preventative duty
Employer Preparation Checklist:
- Prepare and carry out Risk assessments.
- Frequently review all policies and procedures surrounding sexual harassment and ensure that these are properly enforced and easily accessible by staff members.
- Provide workplace specific training and guidance for Line Managers on sexual harassment.
- Provide clear and multiple reporting channels for complaints, and encourage all staff to make use of them.
- Review previous complaints of sexual harassment and what action was taken.
- Taking timely and appropriate action when complaints are received.
- Provide workplace specific training for staff to ensure that everyone is aware of the company’s policies and approach to complaints, as well as their own role in preventing sexual harassment.
Find out more about the Worker Protection Act 2023 by taking a look at our FAQ page here.
Contact Us
At Thrive Law, we’re here to support you every step of the way with bespoke solutions, including practical workshops, tailored training, risk assessments, and policy reviews. These proactive steps can help ensure compliance, support employee rights, and reduce risks under new legislation. Contact us at enquiries@thrivelaw.co.uk for a no-obligation discussion on the best ways to protect and prepare your business.
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Disclaimer
Please note this blog is for reference purposes only and is only accurate at which the date it was published. It does not constitute legal advice and should not be relied upon as such. Specific Legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any actions. Please contact us if you have any questions on enquiries@thrivelaw.co.uk.
