
On the 26th of October 2024, the new Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force. This will introduce a new preventative duty on employers to take ‘reasonable steps’ to prevent sexual harassment of employees in the course of their employment.
This positive obligation requires employers to prevent their employees from being sexually harassed by not only workers within the company, but also by third parties. This could include, for example, clients attending an office.
The duty is anticipatory, meaning that companies must prevent sexual harassment and also prevent further sexual harassment from occurring again if it is found to have taken place.
What constitutes ‘reasonable steps’?
The new legislation does not impose minimum standards or a set criterion of the ‘reasonable steps’ that employers must adhere to. Rather, the ‘reasonable steps’ that employers have to take depend entirely on factors such as the size of the company and the resources they have available, the sector that the company operates within, and the specific risks facing employees.
The test for what amounts to ‘reasonable steps’ will be determined by looking at the facts and circumstances of each individual situation.
What are the consequences if the duty is breached?
Whilst employees will be unable to bring a claim for a breach of the duty alone, if an employee succeeds in a claim of sexual harassment, the compensation that they may be awarded can be increased by up to 25% if the company has not complied with the duty to prevent sexual harassment.
The new duty also provides the Equality and Human Rights Commission with enforcement powers against employers which could include investigating an employer and issuing an unlawful act notice requiring the employer to prepare an action plan as to how it will remedy any breach.
Practical steps for employers
Below are some examples of practical steps that employers could consider taking:-
- Carrying out risk assessments to identify the areas of risks of sexual harassment posed to employees;
- Providing mandatory regular training to all members of staff on standards of behaviour expected, how to raise a complaint and additional training for managers on how to manage a sexual harassment complaint;
- Having a clear and regularly updated Anti-harassment policy;
- Monitoring complaints to ensure they are properly investigated and resolved and to identify risk areas;
- Having workplace champions to provide support and advice to those who experience or witness sexual harassment; and
- Reviewing the effectiveness of your policies and training on a regular basis.
If you would like us to provide a Anti-Harassment Policy or provide training and/or you require specific advice on any of the issues raised in this article, please contact our Employment Law team here by email at employment_team@se-solicitors.co.uk.
The contents of this article are a general guide only at the date of publication. It is not comprehensive, and it does not constitute legal advice. Specific legal advice should be sought in relation to the particular facts of a given situation.