Employers now have a duty to anticipate when sexual harassment may occur and take proactive steps to prevent workplace sexual harassment. Here we discuss what you need to know, with expert guidance and advice from Helen Barge, Risk Evolves MD, and Sarah Asprey, MD of The HR Dept South Warwickshire.
Employers must now take ‘reasonable steps’ to prevent workplace sexual harassment in their workplaces.
Under the new Worker Protection Act 2024, which came into effect on 26 October, businesses must be more proactive when it comes to safeguarding measures, rather than simply reacting to complaints.
There are also repercussions for non-compliance. If a tribunal finds that a staff member has been sexually harassed and that the preventive duty of care has been breached, the employer could be ordered to pay an uplift in compensation of up to 25 per cent.
While the Act does not include liability for third-party sexual harassment – such as by contractors, customers, service users or members of the public – employers will still be expected to help prevent such harassment.
Accountability
Risk Evolves Managing Director Helen Barge said:
“The new legislation is an amendment to the Equality Act 2010 and will have a direct impact on all businesses.
“While the Act itself does not specify what reasonable steps employers should take, as this will vary from business to business, many organisations will be required to evidence the change in legislation.
“This aims to create safer workplaces and address issues proactively, rather than reactively.”
Sarah Asprey, the Managing Director of The HR Dept North and South Warwickshire, North Rugby and North Derbyshire, has years of experience of dealing with complex HR cases and warned of the dangers of failing to take action.
Sarah explained:
“The new requirement for employers to take preventative steps in respect of sexual harassment at work shifts the obligation onto the employer to ensure they have considered the risks in their own business, but also risks faced by employees who may be dealing with clients, customers or other third parties.
“This change should be taken seriously by all employers and shouldn’t be seen as a tick box exercise, there is a real requirement to review the risks and take proactive preventative action.”
General recommendations
Here are key points advice of the new legislation:
- Proactive prevention: carry out and regularly review your organisation’s risk assessment to identify where you can prevent workplace sexual harassment. Ensure preventive measures are in place, are known and actively used.
- Review processes: regularly review and update the bullying and harassment policies with specific guidance on sexual harassment, including third party harassment, and ensure these policies are clearly communicated.
- Ongoing training: regular education and staff training is essential to ensure everyone understands how to prevent workplace sexual harassment and address inappropriate behaviour.
- Clear reporting: employees must have the confidence to report harassment. Employers need to create straightforward and safe ways to report incidents.
- Monitor and evaluate: the key for all policy effectiveness is to ensure the actions put in place.
It is also important that all businesses with an ISO certificate, particularly ISO 9001, feature it in their legal register. Evidence may also be requested at audit that appropriate risk assessments and policies are in place to demonstrate compliance with the regulation.
Previously there was no legal obligation on employers to take steps to prevent sexual harassment at work. The EHRC has now been given new powers to enforce the Act when there is evidence of organisations failing to take reasonable steps to prevent sexual harassment.
Workers can also report concerns directly to EHRC but should consider raising their concerns with their employer or trade union first.
Further guidance
The Advisory Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission have published additional guidance for employers to develop appropriate plans and policies, such as what behaviour needs to be addressed and how complaints should be handled.
HR Dept and Risk Evolves are on hand to support businesses, with both firms offering expert advice to businesses of all sizes and sectors.
Contact the HR Dept online, by email or call 0345 208 1120.
Find out how Risk Evolves can help you, contact the team at Risk Evolves, email or call 01926 800710.
