As regular readers will know, a new law aimed at preventing sexual harassment in the course of employment will come in to force on 26 October 2024. Consultation on new EHRC technical guidance closed on 06 August and we now await the final version, anticipated to be available in September.
As a reminder, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will introduce a new preventative duty on employers to take reasonable steps to prevent staff from being sexually harassed. Failure to comply with this duty could lead to intervention/enforcement from the EHRC and an uplift of up to 25% in compensation awarded by an Employment Tribunal.
Key points to note:
- The duty is preventative and employers are obliged to take steps before harassment happens, rather than react to it when it does.
- The new duty also applies to preventing sexual harassment by third parties.
- Where harassment has already taken place, the duty will require employers to take action to stop it from happening again.
So what do we need to do?
Employers will need to undertake urgent risk assessments to identify where harassment might occur, consider what steps can be taken to avoid that risk and implement reasonable steps to prevent it.
What constitutes “reasonable steps” will depend upon the size and the resources of the employer but it is likely to include:
- a thorough review and update of internal policies;
- widespread publication and implementation of those policies and overall awareness raising;
- provision of updated and targeted training to all staff on what sexual harassment is; how to spot it; and how to report it.
Our employment solicitors can help review policies to ensure that they comply with the new EHRC guidance. For further support and advice, please call a member of our team on 01332 867 766 to discuss your requirements.
WEBINAR: Changes to the law on sexual harassment - what you need to know
Keep a look out next week for your invitation to September's webinar on the upcoming changes in law on sexual harassment where we will provide insight and guidance on the implications for employers.
In this important session, we will cover:
- What is changing? The new preventative duty explained.
- What do we need to do to ensure we are ready? A guide to what your policies, procedures and training should look like.
- What do we need to do after the law changes
- How to ensure that you continue taking reasonable steps to prevent sexual harassment in your organisation.
