Legal Duty to Prevent Sexual Harassment in the Workplace
Coming into force from 26th October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will require businesses to change the way in which they approach the prevention and management of sexual harassment in the workplace.
What does this mean for your business?
In the past, businesses could offer a statutory defence in the event of a sexual harassment claim, by showing that they had taken reasonable steps to prevent the harassment.
However, when this new Act comes into force, employers will be required to proactively implement measures to attempt to stop sexual harassment before it occurs.
Whilst the Act does not specify exactly what these measures should include - in part because this will be variable by workplace - some steps that would be considered reasonable would include:
· Comprehensive Training: Ensuring all staff, including managers, receive training on what constitutes acceptable behaviour and the consequences of harassment.
· Clear Reporting Mechanisms: Having straightforward, confidential ways for employees to report incidents of harassment without fear of backlash.
· Effective Policies: Making sure anti-harassment policies are up to date, clearly written, and accessible to all employees.
· Conducting Risk Assessments: Employers need to identify areas in the workplace where harassment risks may exist and put in place measures to address them.
Fostering a Positive Work Culture: Employers should actively promote an inclusive, respectful work environment, making it clear that harassment will not be tolerated.
Under the new Act an employment Tribunal will have the power to uplift any compensatory award by up to 25% where it is felt that an employer has failed to put sufficient measures in place to avoid sexual harassment in the workplace.
In our view, our HR clients are already well-covered with clear policies, reporting mechanisms, and workplaces cultures. Nevertheless, if you have any particular concerns about your Company’s alignment with the requirements of this Act, please don’t hesitate to contact your HR Business Partners at: hrteam@inkgroup.co.uk.