On 26 October 2024, the new duty to prevent sexual harassment in the workplace came into force.
Below are some ‘frequently asked questions’ in relation to this new duty, that employer and employees should be aware of.
1. What is the new duty to prevent sexual harassment in the workplace?
The new duty requires employers to take proactive steps to prevent sexual harassment in the workplace. This includes developing policies, providing training, and taking immediate action to address any reports of harassment. There is a requirement for employers to ensure a safe and respectful working environment for their employees.
2. Who is responsible for preventing sexual harassment in the workplace?
Employers are responsible for preventing sexual harassment. They are required to implement clear policies, provide regular training, and ensure that employees feel safe in reporting any incidents that occur during the course of their employment. There is also the responsibility of the employee to treat others respectfully and to report harassment when it occurs.
3. What steps must employers take to meet their new duty?
Employers must:
- Provide a sexual harassment policy to outline protection, complaints process, example of harassment
- Train employees to recognise harassment. Provide training to staff, and to line managers
- Conduct a risk assessment to identify the potential risks and how the company plans to mitigate these risks
4. What are the consequences for employers who fail to meet their new duty?
Employers who fail to take reasonable steps to prevent sexual harassment may be held liable for harassment that occurs in their workplace. Where the duty is breached, Tribunals can uplift discrimination compensation by up to 25%
5. What should employees do if they experience sexual harassment?
Employees should:
- Report the incident to their employer as soon as possible, following the company’s reporting procedures as outlined in the policy
- Provide information relating to the harassment, including dates, times, and details of the incident
6. Are employers required to investigate all complaints of sexual harassment?
Yes, employers are required to investigate complaints of sexual harassment.
7. Can an employer be held responsible for harassment that occurs outside of the workplace?
Yes, an employer can be held responsible for harassment that occurs outside of the workplace if it is related to work activities. Work activities include: socials, network events, client events.
Employers are expected to take steps to prevent harassment in all work-related activities. Work related activities should be identified as potential risks, and measures applied to mitigate these risks. Employers should provide regular communication relating to these activities.
8. Can employees make a complaint about clients/customers?
Employers can be liability for third party behaviour. The employee can make a complaint against the behaviour of a third party e.g. client, customer. The employer should ensure that they communicate the expected behaviours to their clients/customers to prevent acts of unacceptable conduct.
9. How can an employer create a culture that prevents sexual harassment?
To prevent forms of harassment, the onus is on the employer to provide a safe environmental for employees to work. All employees, and third parties need to be made aware of the zero tolerance to any form of harassment, so that the employer can foster a workplace that encourages respect and inclusion. This includes:
- Encouraging appropriate levels of behaviour across the company, including third parties
- Managers leading by example and displaying appropriate behaviours
- Encouraging communication
- Handling complaints effectively and with respect in line with the policy guidelines
- Provide regular training for awareness (reminders)
- Recognise the risks associated, and put in measures to mitigate the risks
These FAQs outline some of the key aspects of the new duty to prevent sexual harassment in the workplace and what both employers and employees need to know. To discuss a policy, training, or further guidance please reach out to our team on 0345 646 0406 or fill in our online enquiry form and we will be in touch.