The new duty on employers to prevent sexual harassment came into force on 26 October 2024, under The Worker Protection (Amendment of Equality Act 2010) Act 2023.
It imposes a mandatory duty on employers to take ‘reasonable steps’ to prevent sexual harassment of their employees, and it gives the Employment Tribunal the power to increase the successful claimant’s compensation by up to 25% if the company fails to comply with the new duty.
It is vital that employers put in place steps to prevent sexual harassment and that they adopt a culture of zero tolerance to misconduct.
To demonstrate that the company has taken all reasonable steps to prevent sexual harassment they should:
- Conduct a Risk Assessment, to identify the risks in the workplace and to take steps to reduce the risk
- Launch a Sexual Harassment Policy, to outline the rules and to provide guidance in respect of the complaints process
- Carry out Training to all employees
Handling a Complaint
Where there is an allegation of sexual harassment, and in line with the Sexual Harassment Policy, the appointed person to carry out the investigation should ensure that they handle the complaint with sensitivity and in a confidential manner.
It is vital that the employer picks up the complaint promptly, and as a grievance, enabling the employee to raise their concerns informally or formally.
In some instances, the incident can be resolved promptly and informally by making those associated with the complaint aware that their behaviour is not tolerated.
Where the complaint can not be resolved informally then the employer is required to investigate the incident by:
- Inviting those involved in the incident to an individual meeting
- Interviewing any witnesses to the incident
- Presenting the findings of the investigation in a report
The outcome of the investigation may result in disciplinary action being taken. In this instance the disciplinary procedure outlined in the company staff handbook should be followed. The process includes:
- Attending a disciplinary meeting
- Providing a written outcome incorporating a sanction e.g. written warning
Employees are entitled to be accompanied to a disciplinary meeting, and also have the right to an appeal against the decision.
Training
Awareness and prevention is key to ensuring a safe working environment. Training is a useful way of communicating and educating employees.
Our team of lawyers and HR Consultants can provide training, including:
Sexual Harassment training for senior management, providing awareness on:
- The current law – Equality Act 2010
- What is sexual harassment?
- The new duty on employers
- Sexual harassment policy
- Dealing with complaints
- Role of line manager
Sexual Harassment training for employees, providing awareness on:
- The law relating to Sexual Harassment
- What is sexual harassment?
- Your role as employees on preventing sexual harassment in the workplace
- How to report Sexual Harassment
Our employment team can provide support and guidance to your business. For further information and a free consultation with one of our team please call 0345 646 0406 or fill in our online enquiry form and one of our HR Consultants will be in touch.