A new legal duty for employers to prevent sexual harassment comes into effect on 26 October 2024 under the Worker Protection (Amendment of Equality Act 2010) Act 2023. This requires employers to take ‘reasonable steps’ to avoid sexual harassment of their employees in the course of employment.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 has been designed to strengthen protections for employees and clarify employer responsibilities, helping to create a safer working environment.
Under the previous legal framework, the focus was on addressing sexual harassment after it had occurred but, with this new reform, the focus has shifted to proactive prevention.
If an employer is found to have breached their duty to take ‘reasonable steps’, the tribunal has the power to uplift the compensation awarded by up to 25%. The Equality and Human Rights Commission (EHRC) can also take enforcement action.
As an employer, it’s important to be aware of the updated legislation regarding sexual harassment in the workplace and put the necessary measures in place to demonstrate compliance with the new duty. We look at what may be considered to be ‘reasonable steps’ and how employers can incorporate these into their workplace policies.
What are ‘reasonable steps’?
Sexual harassment is defined in sections 26(1) to (3) of the Equality Act 2010.
The Equality and Human Rights Commission (EHRC) describes ‘reasonable steps’ as the preventative duty. The law doesn’t define what these ‘reasonable steps’ may be but the EHRC states employers need to make sure they are able to assess risks, identify actions and regularly review policies in order to comply with their legal obligations.
8 ways employers can demonstrate compliance with the new duty
In anticipation of the new obligation, the EHRC has published non-statutory guidance on practical steps employers can take.
This includes:
- Developing an effective anti-harassment policy.
- Engaging with staff to better understand where any potential issues are and whether the measures in place are working to minimise the risks. This can be done by carrying out regular meetings or surveys.
- Undertaking a risk assessment to help comply with the preventive duty. This will help identify any issues and help reduce the risk of sexual harassment in the workplace.
- Setting up a reporting system which allows workers to raise issues, including anonymously.
- Raising awareness through training and refresher sessions.
- Responding promptly to complaints.
- Treating harassment by third parties just as seriously as that by a colleague.
- Regularly reviewing the measures that are in place to prevent harassment.
By taking these steps, employers will not only protect staff but also reduce the risk of legal liability.
How does the Employment Rights Bill fit in with the above changes?
The recently published Employment Rights Bill (the ‘Bill’) proposes that The Worker Protection (Amendment of Equality Act 2010) Act 2023 should be extended so that employers take ‘all reasonable steps’ to prevent sexual harassment rather than just taking ‘reasonable steps’. The Bill also makes proposals for allegations of sexual harassment to be a ‘protected disclosure’ for the purposes of whistleblowing legislation.
In addition to this, the Bill also includes the reintroduction of employer liability for third-party harassment. This means that an employer could be held responsible if an employee is harassed by someone outside of the organisation, such as a customer or contractor, and the employer had failed to take all reasonable steps to prevent it.
No timescales have been provided as yet but it is expected main policies will not come into force until 2026 at the earliest.
What should you do next?
It’s important to review your workplace policies and procedures to make sure you can demonstrate compliance with the new legislation.
Please do get in touch with our employment solicitors for further advice and guidance tailored to your organisation’s needs.
For expert legal support on employment law changes and how they affect your business, contact the specialist employment team at Tozers. Our experienced solicitors provide practical solutions whatever your legal questions.
