The new duty on employers will come into force on 26 October 2024. The Worker Protection (Amendment of Equality Act 2010) Bill will increase the protection for workers against sexual harassment. It will mean that employers will be responsible for taking “reasonable steps” to prevent sexual harassment.
The existing legislation prohibits sexual harassment in the workplace and holds employers vicariously liable for sexual harassment committed by their workers in the course of their employment. However, the new duty will require all employers to take a proactive approach to preventing sexual harassment. Employers are also required to carry out risk assessments to anticipate scenarios in which their workers may be subject to sexual harassment and subsequently take preventative action.
Reasonable steps employers can implement
All employers must take action as no employer is exempt from the sexual harassment preventative duty. However, the law does not list specific steps that an employer must take. The suggested steps set out below would help to evidence that reasonable steps had been taken.
- Review existing policies and procedures
The relevant policies and procedures (for example equal opportunities, anti-harassment, and/or disciplinary) should be reviewed to ensure that they define sexual harassment, give examples of what it is, and outline responsibilities for preventing it.
- Provide regular training
Employers should ensure that workers understand what sexual harassment is, how to identify it, the potential consequences, and what to do if they experience or are informed of sexual harassment.
- Establish reporting channels
Employers should put in place clear guidelines for reporting concerns around sexual harassment and ensure that the concerns are dealt with promptly, fairly, and thoroughly. Employers must ensure that the workers who are reporting their concerns are protected, respecting the need for confidentiality and data protection.
- Identify potential sources of risk and carry out regular reviews
This may include reviewing grievances, claims, exit interviews, and/or employee surveys. These can be compared with current methods of recording and resolving complaints to identify potential gaps.
Comment
With the new legislation, workers will not be able to bring claims for an employer’s breach of duty. However, if they successfully bring a claim for sexual harassment then the Employment Tribunal can apply an uplift of 25% to any compensation awarded if they find that the employer has breached their duty. It is worth noting that the Equality and Human Rights Commission will also have the power to take enforcement against employers that are found to have breached the duty.
This new duty provides an opportunity for employers to review their policies/procedures, reporting channels, and training to ensure that they are providing an inclusive environment whilst also meeting legal and regulatory requirements.
How can we help?
Kate Frisby is an Associate in our expert Employment Law team, advising on performance management, the drafting of policies and contracts, settlement agreement negotiations and assisting with claims in the Employment Tribunal.
For advice on or further information in relation to the subjects discussed in this article, please contact Kate or a member of our team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.
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