Sexual Harassment – Worker Protection (Amendment of Equality Act 2010) Act
On October 26, 2024, the UK will see a significant shift in employment law with the introduction of a new duty aimed at preventing sexual harassment in the workplace. Under the Worker Protection (Amendment of Equality Act 2010) Act, employers are now required to take “reasonable steps” to prevent sexual harassment before it occurs. This legislation reflects growing concerns that harassment remains widespread in workplaces and is often inadequately addressed.
What Does the Law Change?
Previously, employers could defend themselves against harassment claims by demonstrating that they had taken “all reasonable steps” to prevent it. While this remains a valid defence, the new law places an additional proactive duty on employers to ensure they are continually preventing harassment. Importantly, this requirement will be enforced by the Equality and Human Rights Commission (EHRC), even if no specific incident has been reported.
Steps Employers Can Take to Comply
To meet these new legal obligations, businesses should start preparing now by implementing the following steps:
Update Anti-Harassment Policies: Ensure that your company’s policies are up to date, accessible, and clearly communicate a zero-tolerance approach to sexual harassment. It might be necessary to introduce a separate sexual harassment policy, alongside broader anti-harassment and dignity-at-work policies.
Enhance Reporting Mechanisms: Establish clear and multiple reporting channels for employees to raise concerns. This includes allowing anonymous reporting where appropriate and ensuring a swift and sensitive response to complaints.
Anti-Harassment Training: Regularly provide comprehensive and meaningful anti-harassment training to all staff members. It’s essential that this training goes beyond tick-box exercises and genuinely equips staff with tools to recognise and address harassment.
Regular Reviews and Risk Assessments: Continually review the effectiveness of the measures in place, conducting risk assessments, and adapting policies or training as necessary. Designating a compliance officer or team to oversee these reviews can help maintain accountability.
Top-Down Support: Leaders within the company must model the behaviour expected of all employees. A clear, consistent message from the top reinforces the seriousness with which harassment claims are handled.
Consequences of Non-Compliance
Employers who fail to take “reasonable steps” to prevent sexual harassment face serious consequences:
Increased Compensation: Employees and workers who bring successful sexual harassment claims against their employer may benefit from a 25% uplift to awards of compensation where the preventative duty has been breached.
Reputational Damage: Non-compliance can lead to public claims, harming a company’s reputation, which can affect employee morale, customer trust, and overall business success.
Legal and Financial Risks: Beyond compensation, legal costs can mount up if businesses are repeatedly found in breach of these obligations, especially if patterns of harassment emerge from inadequate measures.
Final Thoughts
Employers should act now to ensure compliance with this law to create a safer, more inclusive workplace. If you’re unsure how to navigate these changes, seeking professional guidance is crucial. Blossom HR Consultancy offers expert advice on implementing robust policies and preparing your business for this legal shift, ensuring you foster a workplace culture that values respect and safety.
By staying proactive, businesses not only avoid penalties but also contribute to a healthier, more supportive environment for all employees.
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