New Legal Duty for Employers to Prevent Sexual Harassment in the Workplace

The Worker Protection (Amendment of Equality Act 2010) Act 2023 brings important new protections for employees, strengthening the fight against sexual harassment in the workplace. Coming into force on 26 October 2024, the new law places a legal duty on employers to take proactive steps to prevent sexual harassment. In theory, the move to a pre-emptive duty has the potential to change the workplace for the better, but how far does the new law go to make employers take notice of the issue of sexual harassment at work?  

Here’s a summary of the changes and their impact on employees and their trade union representatives and the impact that the changes may have in practice: 

What Does This Mean for You? 

Under previous laws, employers could defend themselves in a sexual harassment claim by showing that they had taken reasonable steps to prevent the harassment that was the subject of the claim having taken place. This is known as the ‘statutory defence’. However, with this new Act, employers are now required to proactively implement measures to attempt to stop sexual harassment before it occurs.  

What Should Employers Be Doing? 

The law expects employers to take ‘reasonable steps’ to prevent sexual harassment. ‘Reasonable steps’ is not defined in the Act, and what this looks like will vary depending on the workplace. However, some of the steps employers should be taking include: 

• Comprehensive Training: Ensuring all staff, including managers, receive regular training on what constitutes acceptable behaviour and the consequences of harassment. 

• Clear Reporting Mechanisms: Having straightforward, confidential ways for employees to report incidents of harassment without fear of backlash. 

• Effective Policies: Making sure anti-harassment policies are up to date, clearly written, and accessible to all employees. 

• Conducting Risk Assessments: Employers need to identify areas in the workplace where harassment risks may exist and put in place measures to address them. 

• Fostering a Positive Work Culture: Employers should actively promote an inclusive, respectful work environment, making it clear that harassment will not be tolerated. 

What Happens if Your Employer Does Not Take Reasonable Steps to Prevent Sexual Harassment? 

A key part of the new law is the potential for a compensation uplift. If a tribunal finds that an employer did not take reasonable steps to prevent sexual harassment, any compensation awarded can be increased by up to 25%.  

The Verdict? 

This is undoubtedly a positive development, and it should get employers’ attention by failures to adhere to the legislation on their part, potentially increasing the size of awards in these cases. This is especially pertinent when considered in light of the fact that sexual harassment claims are not subject to any financial limits.  Hopefully, the new laws may lead to an increased number of employers viewing preventing sexual harassment at work with the seriousness it deserves.