Understanding the New Legal Obligations for Employers: Preventing Sexual Harassment in the Workplace

From 26 October 2024, employers in the UK will face new legal obligations aimed at preventing sexual harassment in the workplace, including harassment by third parties. This change stems from the Worker Protection (Amendment of Equality Act 2010) Act, designed to promote a safer working environment for everyone.

Overview

The updated legal framework introduces a ‘preventative duty’ that requires employers to take reasonable steps to prevent sexual harassment. Previously, there was no obligation for employers to proactively safeguard their work environment. Now, employers must actively mitigate risks and ensure that their workplaces are free from harassment.

Employers should note that failing to comply with these new requirements could lead to serious consequences. If an employee files a sexual harassment claim after exhausting internal processes, tribunals will evaluate whether the employer has fulfilled their preventative obligations. Non-compliance could result in increased compensation penalties of up to 25%.

The Equality and Human Rights Commission Guidance

In response to this legislative change, the Equality and Human Rights Commission (EHRC) has published updated guidance for employers. This resource offers crucial steps to help organisations prevent sexual harassment.

One of the main recommendations highlights the importance of developing and clearly communicating a Sexual Harrassment policy. This policy should specifically address third-party harassment. Engaging employees, making them aware of this policy, and ensuring they have easy access to it is vital for fostering a culture of safety and respect.

Recommended Actions for Employers

Regular Risk Assessments

Conducting regular risk assessments will assist employers in spotting areas where sexual harassment may occur. For instance, consider areas where employees may be more at risk of an inciden occuring and reviewing feedback from employees about specific workplace dynamics.

Employers should take a systematic approach to risk assessments by documenting potential hazards and outlining clear steps to minimise them. This process should not be a one-time endeavor; employers must periodically revisit and revise their assessments.

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Employee Engagement

Being proactive requires consistent engagement with employees to gauge their experiences and concerns. For example, conducting surveys can reveal insights into workplace culture. Exit interviews can also be a useful tool for helping employers gain valuable feedback on potential improvements.

Creating a safe environment for employees to report incidents and communicating clear reporting channels can encourage employees to report any cocnerns that arise.

Monitoring and Evaluating Actions

To determine the effectiveness of implemented measures, employers should routinely monitor and evaluate their efforts. This includes assessing the reporting mechanisms in place, gathering employee feedback, and determining if training is successfully raising awareness.

Creating a Culture of Respect

While the new legal obligations may feel overwhelming, they also provide a chance for employers to cultivate a culture of respect. Implementing an effective anti-harassment framework shows employees their well-being is a priority, encouraging loyalty and active engagement.

A workplace where employees feel safe leads to greater job satisfaction, improved productivity, and lower turnover rates.

How SMB Can Help

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