Martin Searle Solicitors advises on new sexual harassment law

New legislation comes into force this week that increases penalties for employers who fail to prevent sexual harassment in the course of their workers’ employment. Martin Searle Solicitors recommends new steps in advance of the Christmas party season.

From 26 October, new legislation on sexual harassment takes effect, increasing the responsibilities and duties of employers. It also applies to third parties, such as customers and clients, and covers external events, conferences and parties.

The legislation, part of the Worker Protection (Amendment of Equality Act 2010) Act 2023, states that employers must take all “reasonable steps” to prevent sexual harassment of their workers.

A penalty of up to 25% uplift on any successful sexual harassment compensation award in the Employment Tribunal is also included in the new law. This uplift will be based on how lax the employer has been in complying with new preventative steps.

The Equality and Human Rights Commission (EHRC) has offered guidance for employers, with eight steps that employers should take to prove they have complied with this duty, which are outlined below.

Eight steps employers should take to prevent sexual harassment at work

  • Step 1: Develop an effective anti-harassment policy that makes it clear sexual harassment will not be tolerated. This is to be shared with organisations that supply staff and displayed on the company website.

  • Step 2: Engage staff so they understand that they can report sexual harassment, as well as the consequences of breaching the policy.
  • Step 3: Assess and take steps to reduce risk in the workplace. By looking at likely factors which would increase the likelihood of sexual harassment occurring and minimising these using surveys, exit interviews, reviewing absences and keeping records of informal and formal complaints.
  • Step 4: Carry out effective reporting. Use online or independent telephone lines so reports can be anonymous, and keep confidential records so these can be identified.
  • Step 5: Provide training to all employees at all levels, as well as refresher training. Senior employees should set the tone and deliver the anti-harassment message.
  • Step 6: If and when a harassment complaint is made, deal with it promptly, fairly and in accordance with company policies. This might include going to the police. Settlement Agreements should only be used where lawful and necessary to do so.

  • Step 7: Deal with harassment by third parties by putting in place reporting mechanisms where there is harassment by customers or clients.
  • Step 8: Monitor and evaluate any actions to measure their effectiveness by surveying and noting any changing trends.

Laura Donnelly, employment law solicitor at Martin Searle Solicitors, explains: “This week’s legislative change is an important cultural shift to actively protect workers from unwanted sexual harassment.

“We have been actively campaigning to stamp out sexual harassment for everyone, whatever their gender identity or sexual orientation, with our #MeTooMattersCampaign.

“We also want to help protect employers who may face vexatious claims. The adoption of these eight steps together with a thorough and fair investigation should ensure they are not vicariously liable while also ensuring justice for both complainants and alleged perpetrators.”

Fiona Martin, head of Martin Searle Solicitors’ employment law team, adds: “It is crucial that these steps are taken seriously to create an egalitarian workplace culture where all staff feel comfortable and supported.

“All workers should feel able to call out anything they believe to be sexual harassment, whether this involves them personally or is directed at a colleague or third party.

“This includes telling someone directly that they don’t like the way they are behaving to stop this behaviour escalating.

“A risk assessment must be taken and, not surprisingly, most employers will deduce that large volumes of alcohol fuel bad behaviour.

“It may be prudent to limit free drinks at the impending Christmas do with more non-alcoholic beverages and guidelines on the invite about what constitutes unacceptable behaviour.”

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