On 26th October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023, comes into force, bringing with it a new responsibility for employers in respect of any incidents of sexual harassment in the workplace.
These new rules have important implications. Even a single isolated incident can mean the employer is held responsible. Employers now have a duty to take all reasonable steps to prevent sexual harassment of their employees in the course of their employment.
What does this change mean?
There is currently no specific guidance on what constitutes “reasonable steps”, but in the event a tribunal claim is bought against employers, they will be able to defend it if they can show they took “all reasonable steps” to prevent sexual harassment occurring.
It is vital for all employers to evaluate what steps they already have in place and see if they could take them further, and identify any additional steps and measures to protect their employees.
Risk Assessment
The Equality and Human Rights Commission’s (EHRC) guidance advises employers to carry out a risk assessment to:
· Consider the risks of sexual harassment occurring in the course of employment;
· Consider what steps could be taken to reduce those risks and prevent sexual harassment of their workers;
· Consider which of those steps it would be reasonable for it to take;
· Implement those reasonable steps.
Many things could come from a risk assessment including updating policies, training staff (including extra training for managers), developing a communications plan and ensuring any complaints are handled effectively. A method for monitoring and evaluating progress should be put in place.
Implementing Change
Employers are strongly advised to implement the EHRC guidance to mitigate against the risk of claims for sexual harassment being lodged. This duty also extends to taking all reasonable steps to prevent inappropriate behaviour from third parties. The employment tribunal can now award a 25% uplift in damages for failing to comply with the new rules; and compensation for harassment related to a protected characteristic is potentially unlimited.
Among the steps that employers can take now to help protect themselves are:-
· Update and review workplace policies to ensure they focus on inclusion and equality.
· Promote a zero tolerant, open and inclusive culture to allow employees to bring up issues without the fear of consequences. Make sure the employees know that they can feel comfortable and supported if they have to report issues of sexual harassment.
· Take immediate action when allegations of harassment are raised, which will include a full investigation Into the circumstances.
· Provide f training to both staff and management on sexual harassment, what they should be looking out for and how to report it, and for management, how to deal with reports of this.
· Implementing a code of conduct for both employees and third parties entering the employer’s premises so that they are all aware of the type of behaviour expected of them. Employers should consider displaying these in visible places for people to see.
· Implement an internal reporting register where complaints of sexual harassment can be tracked and recorded. This means that any allegations are dealt with and taken seriously, but that they are also dealt with in accordance with internal policies.
It is equally important for individuals to feel that they can report incidences to their employer in confidence and the knowledge that it will be properly and sensitively handled.
