From 26 October 2024, employers will have a legal duty to prevent sexual harassment and will need to take active steps to comply with this duty, says Kent-based employment law specialist Furley Page.
The new duty has been introduced by the Worker Protection (Amendment of Equality Act 2010) 2023. It requires all employers to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment.
Sexual harassment means unwanted conduct of a sexual nature which has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. This includes conduct at training events or work-related social events, by phone or text, in virtual meetings or on social media, and covers harassment committed by staff, customers or other third parties.
Patrick Glencross, senior associate in Furley Page’s Employment law team, said: “The background to this legislation is a history of under-reporting of sexual harassment complaints by employees, while employers have largely failed to take sufficient preventative measures to properly address reported incidents.
“The new duty requires employers to anticipate scenarios where employees may be subject to sexual harassment and to take preventative action. It is deliberately framed as a proactive duty that is designed to transform workplace cultures.
“No employer will be exempt from the duty to take reasonable steps, although what these steps are will vary according to the nature and size of the employer’s business, the sector it operates in, the working environment, the business’s resources, and the extent to which employees have contact with third parties.”
The new duty to prevent sexual harassment can be enforced in two ways. Firstly, the Equalities and Human Rights Commission (EHRC) will have powers to take enforcement action, although in practice, this is more likely to affect larger employers.
Secondly, and of wider significance, Employment Tribunals will have the power to increase compensation for harassment by up to 25% where an employer has breached its duty to take reasonable steps.
Patrick continued: “Employers should take action to ensure compliance with the new duty and put a commitment to zero tolerance into practice.
“Start by assessing the risk of sexual harassment occurring across the business and identifying the risk factors and control measures in place.
“Ensure effective measures are established to minimise the risk of sexual harassment by staff, customers, suppliers and other third parties, and introduce a clear and effective staff policy which specifically deals with sexual harassment and sets expected standards of behaviour.
“Establish a confidential system for reporting and recording incidents and provide mandatory training about sexual harassment and reporting for all staff.
“If an incident does occur, act immediately to investigate and resolve any complaints of sexual harassment, respecting confidentiality and supporting employees who report sexual harassment and ensure that they are not victimised.
“Finally, regularly monitor, evaluate and review the effectiveness of your policies, procedures and training to ensure best practice.”
