Under the Equality Act 2010, sexual harassment is unwanted conduct of a sexual nature that is considered to be intimidating, hostile, degrading, humiliating, offensive or violates a person’s dignity.
With effect from 26 October 2024, the law in relation to sexual harassment is changing. There will be a ‘preventative duty’ on employers to prevent sexual harassment of workers in the course of their employment. Employers must take reasonable steps to prevent sexual harassment not only from colleagues but also third parties e.g. clients, customers, service users, and members of the public.
The ‘preventative duty’ is an anticipatory duty. It is designed to transform workplace cultures by requiring employers to take positive and proactive reasonable steps to prevent sexual harassment of their workers. Sexual harassment can be a one-off incident or a series of events, making it critical for employers to create environments that prevent such behaviours from arising. Therefore, employers should not wait until a complaint of sexual harassment has been raised before they take any action.
What does this mean for employers?
Employers should carry out risk assessments and pro-actively consider any steps they can take to minimise risk. A variety of measures should be implemented such as:
- regularly reviewing and evaluating sexual harassment policies and procedures.
- training staff and management on reporting and responding to complaints.
- develop a system to track harassment complaints and review the effectiveness of preventative measures regularly.
- assessing vulnerabilities such as lone working, night working and working away.
- reminding staff of acceptable conduct at functions where alcohol is present.
- reminding staff of the appropriate use of social media in their communications.
Whilst the scope of ‘reasonable steps’ will depend on the size, resources and sector of the business, no employer is exempt from the sexual harassment preventative duty.
How will this ‘preventative duty’ be enforced?
- Compensation uplift: if an employer fails to meet the ‘preventative duty’ and is found liable for sexual harassment, an employment tribunal may increase the compensation awarded to the claimant by up to 25%.
- Equality Human Rights Commission (‘EHRC’): the EHRC will have increased investigatory and enforcement powers, including the ability to issue unlawful act notices and seek injunctive relief against non-compliant employers. These powers are independent of any specific harassment claim and will focus on whether employers are fulfilling their obligations to prevent sexual harassment.
How Ison Harrison Can Help
Ison Harrison can assist employers in preparing for the new law by providing:
- Comprehensive reviews of policies and procedures to ensure compliance,
- Risk assessments tailored to your business sector, and
- Ongoing support to ensure your business is ready for the changes.
By acting now, employers can mitigate the risk of future claims, create a safer workplace, and ensure they are ready for the upcoming legal changes.
If you require any further information on Employment Law, please contact Ben Palmer on 0113 284 5143 or email ben.palmer@isonharrison.co.uk.
