The Worker Protection (Amendment of Equality Act 2010) Act 2023 will introduce new preventative duties on employers to take “reasonable steps” to prevent sexual harassment of employees in the course of their employment. The Act comes into force 26th October 2024.
What are the Employers' Duties?
This positive obligation requires employers to prevent sexual harassment towards employees. Where it has occurred, employers must take further steps to avoid a recurrence. Furthermore, this duty extends to harassment to employees caused by third parties. This can include customers and visitors attending the business premises. “Reasonable steps” has not been defined nor have minimum standards been imposed. Instead, employers’ actions will depend on the circumstances and factors such as the size of the business, the resources available, the sector they operate in and the specific risks being faced.
The Risk/Threat
While a breach of this duty does not create a claim, where a claim of sexual harassment is successful, the compensation awarded could be increased by up to 25% if the employer has failed to take positive and reasonable steps to prevent harassment. The new Act empowers The Equality and Human Rights Commission to investigate an offending employer and serving them with ‘an unlawful act notice’, requiring them to create an action plan to remedy any breaches.
What You Need To Do
- Draw up a risk assessment to identify the risks of sexual harassment.
- Form a clear intention to prevent and deal with sexual harassment by drawing up a clear and unequivocal policy which must be implemented vigorously.
- Create a business value and a culture of zero tolerance.
- Having drawn up a policy, employers should consult all staff (including those who are absent) on the policy, what standards of behaviour are expected from everyone and the consequences.
- Provide regular and mandatory training to all staff, especially for managers, on the expected standards of behaviour and how to raise complaints.
- Having workplace ‘champions’ to act as advisors, mentors and source of information.
- Monitor and review complaints, and where necessary, update the policies and procedures to ensure they remain effective to identify risk areas.
If you require any further advice and assistance, please do not hesitate to contact our HR Advice Line on 01455 852 028, where a team of qualified professionals will offer expert guidance on your unique circumstances.
