As of 26th October 2024, new legislation will come into force in the UK, requiring all employers to take reasonable steps to prevent sexual harassment in the workplace. This change, brought about by the Worker Protection (Amendment of Equality Act 2010) Act 2023, reflects a growing emphasis on creating safer, more respectful working environments for all employees. The new law sets out clear guidelines for businesses, so it’s essential to make sure your company is prepared.
What Does This Mean for Employers?
The key objective of the new law is to make prevention the priority. This means employers must now take a proactive stance on tackling sexual harassment, ensuring that effective measures are in place to prevent incidents from occurring. But rather than seeing this as an additional burden, this law presents a valuable opportunity to foster a culture of respect, safety, and inclusivity at work.
1. Clear Standards and Expectations
The changes aim to create a legal framework that sets out clear standards for both employers and employees to ensures that everyone understands what constitutes sexual harassment, what behaviour is unacceptable, and how complaints will be handled.
Examples of sexual harassment include:
- Inappropriate jokes or “banter”
- Intrusive questions
- Sexual propositions
- Sharing sexually explicit messages or images
- Inappropriate physical contact
- Sexual gestures
By having clear policies in place, you send a strong message that inappropriate behaviour will not be tolerated. This will not only protect employees but also create a work environment where everyone feels safe and respected.
2. Prioritising Prevention
A key focus of the law is the expectation that employers will take reasonable steps to prevent harassment before it happens. This could involve implementing robust policies, ensuring complaints procedures are accessible, and most importantly, providing regular, high-quality training to staff. Empowering employees with the knowledge and confidence to recognise and address unacceptable behaviour will go a long way in preventing issues from arising.
3. Potential for Increased Compensation
Employers who fail to meet these new standards could face more significant consequences. If a tribunal finds that an employer has breached its duty to prevent sexual harassment, compensation awarded to the employee can be increased by up to 25%. While the focus should always be on prevention, this serves as a reminder of the importance of taking these obligations seriously.
4. Extending to Third-Party Harassment
Another crucial element of the new law is the inclusion of third-party harassment. This means that employers will now also be responsible for preventing harassment by customers, clients, or contractors. Ensuring that all employees are protected from harassment, regardless of who it comes from, will be essential to fostering a safe working environment.
What Can You Do to Prepare?
With these changes on the horizon, now is the time to review your policies and procedures to ensure they align with the new requirements. Here are some practical steps to help your business stay ahead:
- Review and Update Your Policies: Make sure your anti-harassment policies are up to date and clearly outline what constitutes harassment, how complaints can be made, and what the consequences are for inappropriate behaviour.
- Provide Regular Training: Invest in comprehensive, ongoing training for all employees and management to ensure they understand what sexual harassment is, how to prevent it, and how to handle any complaints.
- Create a Positive Workplace Culture: Prevention goes beyond policies and training, it involves creating a workplace culture where respect is a core value. Encourage open communication, lead by example, and foster an inclusive environment where everyone feels safe.
- Assess Third-Party Interactions: If your employees interact with customers, clients, or contractors, ensure that these third parties are aware of your anti-harassment policies. You may also need to review contracts or service agreements to include provisions related to harassment.
Embrace the Change, It’s an Opportunity
While the introduction of this new law brings about significant changes, it’s important to view it as an opportunity to enhance your workplace culture. By taking the necessary steps to prevent sexual harassment, you’re not only complying with the law but also creating a healthier, more positive environment for your employees.
At Richard Reed Solicitors, we’re here to help you navigate these changes. Our team understands that every business is different, and we can offer tailored advice to ensure you’re meeting your specific obligations under the new law. If you need advice or guidance on how these new laws will impact your business, contact Kat Moody, call 0191 567 0465, email [email protected].
