On the 26th of October 2024, the UK introduced new employment legislation on sexual harassment that employers must comply with. This change, under the Worker Protection (Amendment of Equality Act 2010), places a significant new duty on employers to take “reasonable steps” to prevent sexual harassment in the workplace.

As an employer you will be expected to comply with this new law and ensure you have taken the required steps to prevent sexual harassment in the workplace. But what does this mean in practical terms and what action can you take now to prepare for the change?

Building awareness and ensuring your employees are clear on what your expectations are in terms of their behaviours and conduct is a good starting point. Be clear on explaining to them what sexual harassment is and that you take a zero-tolerance approach to any employees in breach of the law. Reasonable steps must also encompass preventing sexual harassment of a perpetrator including, third parties such as customers, clients and members of the public.

To help you understand your responsibilities as an employer lets define what sexual harassment is. Sexual harassment is unwanted conduct related to a protected characteristic, which is intended to violate a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment is unwanted conduct of a sexual nature that has that effect.

Key elements of the legislation include:

1. Employers must be proactive and implement measures to prevent sexual harassment, rather than just responding to incidents after they occur. This includes having a clear policy in place for all staff to access and understand, providing staff training, and setting up effective reporting procedures. It is also prudent to monitor and track the measures to assess their effectiveness.
2. As mentioned, employers are expected to include preventative measures for third party contacts too. Policies must cover all possible scenarios, including those involving external parties.
3. Penalties will be implemented for employers who fail to take reasonable steps to prevent sexual harassment, employment tribunals may increase compensation awards by up to 25%. Additionally, the Equality and Human Rights Commission (EHRC) has been granted enforcement powers, meaning that non-compliance could lead to investigations and reputational damage.

To comply, employers should:

• Conduct risk assessments to identify potential areas where sexual harassment could occur. Provide effective, regular training to all staff and ensure that leadership is equipped to handle complaints.
• Keep records of steps taken to prevent harassment, including attendance at training sessions and updates to company policies.
• Be proactive and embed these practices into the workplace culture. By doing so businesses will better protect their employees and avoid the consequences of non-compliance.

What key action can you take to support this change?

Policies and Procedures

It is imperative to have a written policy and procedure in place, so clear and transparent guidance is available to all staff. This should clearly define what sexual harassment is, what examples there are of it and what conduct the business expects from all staff regarding it.

Training and Development

Making training available to staff will enable them to gain better clarity about sexual harassment and how they can take action to help prevent it at work.

Reporting and Investigating

There needs to be mechanisms in place that allow staff to be able to report sexual harassment incidents in a confidential, safe way. Any complaints must be acted upon swiftly by the employer and fair and reasonable action taken.

People Management Support

Providing line managers with the necessary training and support will be key to the management of sexual harassment in the workplace. They should feel confident in managing and handling any sexual harassment complaints they receive and have clear guidance on what steps to take.

Culture

Think about your culture. It is clear this change in law is going to require a focussed effort and be a priority for all employers. It is important to consider the culture of your workplace and how it aligns to the behaviours and conduct expected. Harassment of any nature should not be tolerated, and all staff must have clear guidance on what this looks like at work. Dignity, respect and inclusion should be at the heart of your workplace.

Monitoring and Review

Assessing workforce data on a continuous basis, for example in recruitment and selection, Equality, Diversity and Inclusion data and gathering insights through staff surveys will also support this activity. Having awareness of trends related to gender and equality will be beneficial.

Conclusion

In summary, the new sexual harassment law will be a high priority for you as an employer. You must take the required steps to ensure you are operating compliantly and ensure your employees understand the stance you take. A clear policy outlining the approach you take and the available support in place for all employees is essential. Do not wait to act, as failure to have the required steps in place could lead to reputational damage and significant financial penalties.

To ensure you are making the right choices and putting in place the appropriate plans contact us today for a FREE consultation to discuss this change in the law, and its implications.

The Nursery HR People Team.