On 26 October 2024, we saw the Worker Protection Bill (Amendment of Equality Act 2010) come into force, which has updated the Equalities Act 2010 to place a duty on employers to take an active role in preventing sexual harassment in the workplace.
Previously, legislation prohibited sexual harassment in the workplace and employers were held vicariously liable for sexual harassment committed by their workers in the course of their employment, however persistent reports and revelations in previous years indicated that sexual harassment in the workplace was still a concern. The Government has decided that it needs to make workplaces safer as too many people felt uncomfortable or unsafe at work due to sexual harassment.
Employers are responsible for taking “reasonable steps” to prevent sexual harassment
Employers, under the updated legislation, will now have a duty and are expected to take an active role in preventing sexual harassment. Employers will be required to take “reasonable steps” to prevent sexual harassment from taking place. If sexual harassment has taken place, an employer should take action to stop it from happening again. This sends a clear signal to all employers that they must take reasonable preventative steps against it to encourage cultural change where necessary.
The new legislation has also given employment tribunals the power to uplift sexual harassment compensation by up to 25% if an employer is found to have breached the new duty to prevent it.
The Equality and Human Rights Commission (EHRC) published an updated version of its guidance on sexual harassment in the workplace on 26 September 2024. The guide includes recommendations for employers to implement the following:
- Develop and communicate an anti-harassment policy;
- Conduct risk assessments to identify potential areas of harassment;
- Engage with staff to identify warnings signs;
- Take action to prevent harassment before a complaint is made;
- Take action to stop harassment if it occurs;
- Evaluate the effectiveness of action taken; and
- Promote a positive workplace culture where harassment is not tolerated.
What can a company do to ensure that it is complying with the new legislation?
There are many ways an employer can ensure they are complying with the new legislation, such as:
- Review current training and update where necessary;
- Update current policies in staff handbooks that deal with harassment and introduce a new, standalone policy dealing with sexual harassment;
- Create open reporting channels for employees to report any concerns;
- Implement robust reporting mechanisms which include assuring staff that any complaint will be handled sensitively and taken seriously.
- Implement thorough investigations of all complaints.
How can we help?
Hannah Steenkamp is a Solicitor Apprentice.
If you are a company that would like further advice on the new legislation and how it affects your business, or if you are a victim of sexual harassment and would like advice on where you stand and how you can take action against your employer, please contact Hannah or another member of the team on 01245 584523 or complete our online enquiry form. FJG will deal with all cases in a sensitive and compassionate manner, ensuring you are supported throughout.