To address the unacceptable prevalence of sexual harassment in the workplace, the law is changing to create a more proactive approach to its prevention.
What is Sexual Harassment?
Sexual harassment is a form of unlawful discrimination, defined in the Equality Act 2010 as ‘unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment’. Examples of such conduct includes offensive jokes, inappropriate comments, leering and unwanted physical contact.
Employers are responsible for the actions of their employees and can be held liable for sexual harassment that takes place during the course of employment. This is conduct that takes place during working hours, but can also extend to work social events. An employer has a statutory defence to a claim of sexual harassment if they can show that they took ‘all reasonable steps’ to prevent the harassment.
What Law is Changing?
The new law is set out in the Worker Protection Bill (Amendment of Equality Act 2010) and is due to come into force in October 2024. This new legislation amends the Equality Act 2010 in two respects:
- It will introduce a new duty on employers to take ‘reasonable’ steps to prevent sexual harassment of their employees. This marks a key change in focus from redress to prevention, imposing a new obligation on employers to be proactive in tackling sexual harassment.
- It will give employment tribunals the power to uplift sexual harassment compensation by up to 25% where an employer is found to have breached this new duty. This uplift could be significant, particularly as sexual harassment claims attract unlimited compensation.
What Should Employers do to Prepare?
Employers should take the following steps now in readiness for the changes coming into effect in October:
- Implement regular and thorough training of all managers and staff so that everyone understands what sexual harassment is, how to report it and how to deal with it. A ‘tick-box’ exercise, such as requiring staff to watch a video, or read a sign on the notice board, is unlikely to be accepted as a reasonable step by the tribunal.
- Create up-to-date and clear anti-harassment policies and ensure these are made readily available to all staff, effectively applied, monitored and reviewed.
- Ensure there is an effective system in place where employees can report sexual harassment.
- Ensure all complaints are handled sensitively, fully investigated and immediate action taken where necessary.
- Carry out risk assessments to identify and mitigate risk factors.
- Remind all staff, and third parties such as customers and clients, that sexual harassment is not tolerated in the workplace, by including information on the website and putting signs around the workplace.
If you require assistance with any of the above steps, such as training your workforce and creating and updating policies, please contact our Employment Team on 0345 646 0406 or complete an online enquiry form, and a member of the team will be in touch.