Are you compliant with the new laws on sexual harassment that came into force on 26th October 2024?

On the 26^th of October 2024, the new Worker Protection (Amendment of Equality Act 2010) Act 2023 introduced a duty on employers to take ‘reasonable steps’ to prevent sexual harassment of employees within the workplace. The test for ‘reasonable steps’ is objective and will be determined by looking at the facts and circumstances of each individual situation.

The Equality and Human Rights Commission recommends 8-reasonable steps that employers should be taking to prevent and respond to sexual harassment at work. Every employer’s situation will however be different so this is not intended to be a definite list of steps an employer should take. 

The ‘8-step guide

1. Developing an effective anti-harassment policy

Employers should ensure that their anti-harassment policies cover:

• A definition of the behaviour that will not be accepted, providing specific examples of what would constitute sexual harassment in their workplace;
• A clear procedure for reporting sexual harassment and the disciplinary process for any harassment/unacceptable behaviour;
• Third party harassment such as by customers or service users; and
• An outline of the support available to any victims and those who report sexual harassment.

2. Engaging staff

It is recommended that employers conduct regular one-to-one meetings, staff surveys and exit interviews. Maintaining an open-door policy is seen as encouraging employees to report harassing behaviour and training can ensure that everyone is aware of how to report matters and the consequences of unacceptable behaviour. 

3. Assessing and taking steps to reduce risk in the workplace

An employer is unlikely to be able to comply with the preventative duty unless they carry out a risk assessment.

Employers should undertake a risk assessment to identify the specific risks of harassment posed to employees within their workplace. Factors that might increase the risk include if employees meet with third parties alone regularly or if they socialise outside of work or if they have customer-facing roles. It may also be helpful to identify any power imbalances between staff.  

4. Reporting

To ensure that sexual harassment can be recognised, it should be made clear the steps that should be taken when employees experience such behaviour. Employers should ensure that their complaints procedure is clear. Employers could consider implementing an anonymous or by name reporting system.

5. Training

It is recommended that employers provide training to all members of staff on the standards of behaviour expected and how complaints can be raised, as well as providing additional training to managers on how to handle a complaint. 

Training should be given and reviewed on a regular basis including how effective it is.

6. Acting once a harassment complaint is made

To effectively handle a harassment complaint, it is recommended that employers:

• Act promptly
• Consider how to prevent further harassment
• Provide support to those who experience or witness sexual harassment
• Communicate the outcome of the complaint
• Ensure there is an appeals process

 7. Dealing with harassment by third parties

Under the new duties, it is equally important that employers take steps to prevent their employees from being harassed by third parties (for example, clients attending an office). 

8. Monitoring and evaluating actions

Employers should keep an accurate record of the complaints made and how they were investigated, using this record to identify risks and patterns. Employers can use their findings to put further measures in place to minimise future harassment. Policies should be reviewed annually.

If you would like us to provide an Anti-Harassment Policy or provide training and/or you require specific advice on any of the issues raised in this article, then please contact our Employment Law Department 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.