Employment Law - New Duties to Prevent Sexual Harassment

From 26th October 2024, you’ll face a new mandatory duty to take reasonable steps to prevent sexual
harassment in the workplace under the Worker Protection (Amendment of Equality Act 2010) Act 2023.

What does this mean?

If there is an allegation of sexual harassment in your business, you’ll have to demonstrate that you proactively took ‘all reasonable steps’ to prevent sexual harassment from happening. The Code of Practice accompanying these changes has outlined what businesses should be doing now in order to protect
themselves.

What happens if you don’t take action now?

If the case goes to an employment tribunal and you are found to have breached your duty, the compensation awarded could be increased by up to 25%. Liability applies to anything that occurs “in the course of employment”. This can extend to events beyond the actual working day, or outside of the workplace -
such as office parties, conferences and other work gatherings. You could also find yourself being investigated by the Equality and Human Rights Commission.

What do you need to be doing now?

- Conducting risk assessments specific to your workplace.
- Implementing clear and updated policies on sexual harassment.
- Providing mandatory training to all staff on identifying and preventing harassment.
- Encouraging a culture of reporting and openness.
- Regularly surveying staff to assess risks and concerns.

As always, we will keep you updated as more information is released and for those on our retained service you don’t need to worry as we have got you covered with the ongoing document and compliance reviews as part of your package.

If you would like more information regarding our services, please click here and we will be in touch with you soon.