On the 26th of October 2024 the Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force. The Act introduces a new positive legal obligation on employers to take reasonable steps to protect their workers from sexual harassment.
Sexual harassment is already unlawful, but from 26th October employers have a mandatory positive duty to prevent sexual harassment of their workers from colleagues and any third parties, such as customers, relatives of other employees and members of the public, who workers encounter in the course of their employment. It also provides protection for other parties, such as job applicants.
What is the definition of sexual harassment?
Unwanted conduct of a sexual nature which has the purpose or effect of:
- Violating a worker’s dignity, or
- Creating an intimidating, hostile, degrading, humiliating or offensive environment for that worker
This could be sexual jokes, suggestive looks, sending sexually explicit messages and unwelcome touching.
What steps should you take?
In short, just having a sexual harassment policy is no longer good enough. Employers will need to demonstrate the reasonable steps that they take to prevent their workers from experiencing sexual harassment.
‘Reasonableness’ will be assessed according to the specific circumstances of each employer, which can include what risks were present, whether the steps were effective and the resources available.
Some of the steps that businesses should take include:
| Action | How? |
| Assess and reduce risk | The guidance makes it clear that employers are unlikely to be complying with the new duty if they fail to carry out a risk assessment. This should involve considering the:
· Risks present, including in work practices, policies and procedures · Nature of work · Likelihood of encountering third parties – most businesses share office space with others · Size of business
Employers should then create an action plan to record what risks have been identified, what steps will be taken to minimise said risks and how this will be monitored. |
| Review or develop a sexual harassment policy | What’s in your current Staff Handbook? Is it clear on:
· What sexual harassment is? · What is acceptable and appropriate behaviour in the workplace and work social events? · How to report sexual harassment and what safeguarding policies protect those making the report? · The procedure and consequences following the report of sexual harassment? |
| Engage staff | · Consult with Trade Unions and / or employee representatives early on and act upon suggestions wherever possible
· Surveys · Team meetings · Conduct exit interviews · Have an open door policy |
| Encourage reporting | · Regular 121’s – create a safe space
· Consider anonymous reporting tools |
| Training | Provide clear, regular Equality, Diversity & Inclusion Training specifically on sexual harassment and ensure that attendees genuinely understand it |
| Deal with complaints effectively, including third party harassment | Ensure current complaint processes are fit for purpose:
· Do workers know how to report? · Do Line Managers know what to do if they receive a complaint? · Does the business keep records of complaints, including informal grievances? |
| Monitor and evaluate actions | · Review your policies and procedures regularly
· Keep records when assessing effectiveness of preventative steps · Collate feedback, including via anonymous reporting channels · Consider alternative steps and implement as appropriate |
Consequences of failing to comply
The new duty significantly strengthens existing protection. It provides Tribunals with the power to increase all compensation that it has ordered to be paid to the complainant under the Equality Act 2010 (not just compensation awarded for sexual harassment) by up to 25% if they find the employer has failed to comply. The uplift will be reflective of the extent that the Tribunal considers the employer has not complied with the requirements. This can pose a considerable commercial risk to businesses.
Don’t be caught out by this or any other update to employment law legislation. Contact Peach Law for bespoke training on how to navigate the changes, as well as for advice, help and support from both a legal and HR perspective.
We have extensive experience in carrying out risk assessments, reviewing policies and practices and implementing changes in compliance with updated legislation and according to the needs of our clients’ businesses.
Call us: 0161 478 3800
Email us: hello@peachlaw.co.uk
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