Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, new measures took effect on 26 October 2024 regarding sexual harassment in the workplace. According to the Government Equalities Office, nearly 72% of the UK population have faced sexual harassment in the workplace at some point in their lives, highlighting the urgent need for government action on this issue.
Employers must be ready for the upcoming legal changes, as non-compliance could lead to employment tribunals increasing discrimination compensation by up to 25% if a breach of duty is found. This article explores the implications of the new duty and offers guidance on how to proceed.
What is the new duty?
Described as being ‘preventative’, the new duty means that an employer must show they took ‘all reasonable steps’ to tackle discrimination or harassment in the workplace. The Equality and Human Rights Commission (EHRC) has published technical guidance for information on how the law works and the responsibilities of employers, as well as an 8-step guide for navigating the changes. These should act as the essential resources for employers to ensure compliance with the new legal requirements.
What is ‘sexual harassment’?
The Equality Act 2010 defines sexual harassment as ‘unwanted conduct of a sexual nature’ which ‘has the purpose or effect of creating an intimidating, hostile, degrading, humiliating or offensive environment for the complainant or of violating the complainant’s dignity’.
The following example is given:
An employer who displays any material of a sexual nature, such as a topless calendar, may be harassing her employees where this makes the workplace an offensive place to work for any employee, female or male.
What are ‘reasonable steps’?
If an employee claims that harassment has taken place in the workplace, employers can use the defence that they took ‘all reasonable steps’ to prevent this from happening.
They can include:
- Developing an effective anti-harassment policy
- Making sure all staff are aware of the policy and its consequences
- Providing training on what sexual harassment in the workplace is, what to do if they experience or witness it and how to handle any complaints of harassment
- Treating third-party sexual harassment (e.g. from clients, suppliers, customers etc.) as seriously as harassment from a colleague
It is important to note that these steps must have been taken before the alleged harassment took place.
How to know what ‘reasonable steps’ to take
In order to take all reasonable steps to prevent sexual harassment, employers must anticipate scenarios in which employees might be subject to it. The most effective way of doing this is to conduct a thorough risk assessment of the workplace and its culture.
The EHRC technical guidance provides some insight on what to consider:
- Workplace dynamics and power imbalances
- Job security and employment types
- Working hours and conditions
- Workplace environment and customer interaction
- Social interaction and external events
- External factors affecting the workplace
Once any potential risks have been identified, employers must consider which step it would be reasonable to take to prevent harassment, considering factors such as time, cost, company size and workplace nature.
Our People and Culture Manager, Eleanor Taylor, believes the changes will help create a safer workplace for everyone:
“These new measures are a step in the right direction. By focusing on prevention and making sure employees feel empowered to speak up, we can foster a workplace culture where respect is non-negotiable.”
Contact Eleanor Taylor today at [email protected] to learn more about how we can support your business in navigating the complexities of the new sexual harassment duty.
