New Duty to Prevent Sexual Harassment Imminent for UK Employers

From October 26, 2024, UK employers will be subject to a new legal duty to take reasonable steps to prevent sexual harassment in the workplace. This obligation is established under the Worker Protection (Amendment of Equality Act 2010) Act 2023 and aims to enhance workplace safety and culture.

The new duty focuses specifically on sexual harassment, separate from other forms of discrimination outlined in the Equality Act 2010. It adds to existing protections against discrimination, harassment, and victimisation, reinforcing the legal framework for employee safety.

On September 26, 2024, the Equality and Human Rights Commission (EHRC) released updated Technical Guidance for employers, alongside an eight-step guide aimed at preventing sexual harassment at work. Employers are encouraged to familiarize themselves with these resources as they prepare for the new requirements.

Understanding Sexual Harassment

According to the Equality Act 2010, sexual harassment is defined as unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Examples include unwelcome physical contact, sexual jokes, advances, and the sharing of sexually explicit content.

The Preventative Duty Explained

The new preventative duty is described as “a positive and proactive duty designed to transform workplace cultures.” Employers are required to anticipate situations where sexual harassment may occur and take preemptive action. Notably, this duty extends to harassment by third parties, such as clients or customers, which was not covered under previous regulations.

While individuals cannot make standalone claims solely for a breach of this duty, a violation can influence compensation amounts awarded by Employment Tribunals in cases of sexual harassment.

Determining Reasonable Steps

The EHRC’s guidance clarifies that there is no set minimum for what constitutes “reasonable steps,” as it varies by employer based on factors such as:

Size, resources, and sector of the employer
Risks associated with the workplace
Contact with third parties
The potential impact of specific actions
Employers must conduct regular risk assessments to identify factors that may heighten the risk of sexual harassment, such as a male-dominated workforce, a culture that tolerates crude banter, and lack of clear policies against harassment.

Consequences for Non-compliance

Failure to meet the new preventative duty may lead to significant repercussions. If a worker successfully claims sexual harassment, the Tribunal will assess whether the employer breached this duty, potentially increasing compensation by up to 25%. Given that compensation for sexual harassment claims is unlimited, this uplift could result in substantial financial liability for employers.

Preparation Steps for Employers

To effectively prepare for the implementation of this new duty, employers should:

Conduct a Risk Assessment: Identify and mitigate risks of sexual harassment in the workplace.

Educate Employees: Provide information on what constitutes sexual harassment, referencing the Equality Act 2010.

Foster an Inclusive Culture: Establish a zero-tolerance policy towards sexual harassment to promote respect and inclusivity.

Implement Clear Anti-harassment Policies: Encourage reporting of harassment incidents and outline an effective complaints procedure.

Provide Training: Tailor training for employees and managers, ensuring it addresses risks of third-party harassment and is regularly updated.

Monitor for Signs of Harassment: Stay vigilant for indicators such as absenteeism or changes in employee behavior.

With the deadline approaching, taking proactive measures will not only ensure compliance but also contribute to a safer and more inclusive workplace environment.