Sexual Harassment Legislation

A new law asking employers to prevent sexual harassment in the workplace comes into effect 26th October 2024

On the above date the Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force in England, Scotland and Wales. This amendment now creates a change for employers, who will now have a duty placed upon themselves to prevent the sexual harassment of their employers.

The terms of the Act are:

• Employers must now provide proof of reasonable steps they have taken to prevent the sexual harassment of their employees.
• Employment tribunals will now have the authority to uplift compensation by up to 25% where an employer is found to have breached the new duty.
• How employers should prepare for the new law:
• Update current policies in staff handbooks that deal with harassment, bullying and equal opportunities. You should consider if a new standalone sexual harassment policy needs to be introduced?
• Review training needs. Do staff need to attend an updated version of a diversity course? Do your management staff need training on how to manage complaints and conduct any investigations?
• Conduct an audit in relation to the culture of your business to identify any risks of harassment either by staff or third parties. Consider methods of mitigating any highlighted risks. Consideration could be given to conducting an anonymous staff survey.
• Ensure you create open channels for employee’s feedback and concerns beyond harassment issues.
• Establish vigorous reporting mechanisms which should include assuring staff that any complaints will be dealt with sensitively and confidentially, ensuring commitment to conducting prompt and thorough investigations of all complaints.
• Promote a positive workplace culture. Leaders and managers should be encouraged to be a model of respectful behaviour and address issues in a timely manner. Take steps to implement an inclusive working environment where diversity is respected and valued.