New Protections from Sexual Harassment
Preventing sexual harassment in the workplace is now a legal obligation for employers, are you ready for this change?
With effect from 26th October, the Workers Protection (Amendment of Equality Act 2010) Act 2023 places a duty on employers to take a proactive approach and take reasonable steps to prevent and protect their employees from sexual harassment in the workplace. It also allows Employment Tribunals to increase compensation by 25% if an employer cannot demonstrate that 'reasonable steps' were taken to prevent sexual harassment. This affects all UK employers!
There is no cap on sexual harassment compensation awarded by an Employment Tribunal.
Sexual harassment under the Equality Act 2010 is defined as, ‘When a person is subjected to unwanted conduct of a sexual nature which has the purpose or effect of either violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.’
The Equality and Human Rights Commission has published guidance for employers on action to take to comply with the new legislation. The EHRC states, 'an employer is unlikely to comply with the preventative duty unless a risk assessment is carried out.'
The EHRC has provided eight steps to illustrate the types of reasonable steps that an employer can take:
Develop an effective anti-harassment policy
Engage your staff
Assess and take steps to reduce risk in your workplace
Reporting - what should employees do if they experience or witness sexual harassment
Training
What to do when a harassment complaint is made
Dealing with harassment by third parties
Monitor and evaluate your plans
How we can help…
Employers must consider risks and take reasonable measures within their means to protect staff from sexual harassment. Relevant documentation will be crucial to demonstrate that preventative steps - Rathbone HR can provide relevant policies, risk assessment forms and other documentation that you will need.