On 26 October 2024, a new duty on all employers, regardless of regardless of size, sector or circumstance, to proactively take “reasonable steps” to prevent sexual harassment in the workplace came into force.
The new duty, contained in the Worker Protection (Amendment of Equality Act 2010) Act 2023, represents a shift from a reactive to a proactive approach to preventing sexual harassment. Employers are now required to take steps to prevent harassment before it occurs, rather than waiting for an issue to be raised.
Ongoing duty
It’s worth highlighting that this is an ongoing duty and compliance is not a one-off process. Technical guidance provided by The Equality and Human Rights Commission can be accessed here.
As an employer, you probably already have policies, training and reporting steps in place to prevent sexual harassment. But it’s worth pointing out that in most cases, these actions will not be sufficient to demonstrate compliance with the new duty.
7 key areas
According to the new guidance, all employers need to:
- Conduct regular assessments of possible risks.
- Take steps, where incidents of sexual harassment have happened, to consider if other steps are needed to comply with the duty.
- Have an Anti-harassment and Bullying Policy.
- Ensure their employees and managers understand the policy.
- Deal with harassment by third parties.
- Be aware harassment involves workers, as well as employees.
- Monitor and evaluate all actions.
Making compliance easier
We have made the process straightforward for you by putting together an Anti-Harassment Pack for Business at the very reasonable price of £300. The pack includes:
- An easy-to-use risk assessment form
- An Anti-harassment and Bullying Policy
- Practical guidance
In addition, for £400 we can provide an hour of one-to-one advice and assistance tailored specifically for your business.
Consequences of non-compliance
There are three serious consequences of not complying with the new duty. These are:
- Increased compensation. If an employee wins a sexual harassment claim, the Employment Tribunal can increase the compensation awarded by up to 25% if it’s proved that the employer failed to take reasonable steps to prevent the harassment.
- Enforcement action. The Equality and Human Rights Commission (EHRC) can take enforcement action against employers who fail to comply with the duty.
- Reputational fallout. Employers can face reputational risk if they are not seen to be taking steps to prevent sexual harassment.
How I can help
For help, advice and support when it comes to having the right processes, procedures and policies in place, or for an Anti-Harassment Pack for Business, please email caroline.robertson@actifhr.co.uk