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Employers: new duty to prevent sexual harassment

What’s changing?

The Equality Act (2010) changed from 26th October 2024 to introduce a legal duty on you, as employers, to prevent he sexual harassment of employees during the course of their employment.

The aim is to increase awareness and act as a preventative measure – meaning you should take steps now to prevent harassment.

For context, you do not need to have been aware of the conduct to be held liable for harassment. If an employee brings a successful claim and you have not taken reasonable steps to prevent it, then a financial award against you can be increased by up to 25%. Given that harassment awards can be uncapped, this could be a very large amount!

What can employers do?

  • Raise awareness
  • Make sure your staff know what sexual harassment is and the different forms it can take.
  • Ensure they are aware sexual harassment can be online/social media not just ‘in the office’.
  • Discuss the potential of harassment at work social events.
  • Be sensitive – some staff may find an awareness campaign triggering. Consider links to organisations to support them.
  • Identify risks
  • Use complaints, staff surveys, exit interviews to see if you have a problem.
  • Act on this.

Also consider risks posed from/to clients, contractors or other 3rd parties (people you don’t directly employ).

Review policies and procedures

If sexual harassment is touched on in a bullying or equal opportunities policy, it’s worth considering a more detailed stand-alone policy.

Review your disciplinary and grievance policies to include sexual harassment.

If you don’t have any relevant policies – start thinking about them! Because you really should have even a basic set of essential policies (the rules your business uses for employees).

Reporting

Implement a safe and confidential reporting channel for staff.

Consider who is best placed to handle and investigate complaints in your company.

If you’re not sure where to start or just want a quick review of your existing policies, we are here to help and advise.

 

By Melissa