Sexual Harassment in the Workplace – new duty in force from October 2024

The Worker Protection (Amendment of Equality Act 2010) Bill has received Royal Assent, with the aim of empowering employees and fostering safer work environments by addressing and preventing sexual harassment.

The new legislation is set to be effective from October 26, 2024, and introduces crucial changes to the Equality Act 2010, focusing on preventing sexual harassment in the workplace. Employers are now obligated to take ‘reasonable steps’ to proactively address and prevent sexual harassment, shifting the legislative emphasis from redress to prevention. Additionally, this new legislation grants employment tribunals the authority to increase sexual harassment compensation by up to 25% when an employer is found to have breached the prevention duty.

Sexual harassment is defined in the Equality Act as unwanted conduct of a “sexual nature”. The law has primarily been introduced to protect women, however it applies equally to people of all genders.

Key Amendments:

While impactful, the legislation has undergone amendments, with the House of Lords eliminating the proposal to reinstate third-party harassment provisions and modifying the language to require employers to take ‘reasonable steps’ rather than ‘all reasonable steps’ to protect employees from sexual harassment. This adjustment introduces a more achievable standard for employers, distinct from the high hurdle of the existing statutory defence under section 109(4) of the Equality Act. To summarise, the key amendments include the following:-

Preventing Workplace Sexual Harassment: Employers will now bear a crucial duty – to take ‘reasonable steps’ in preventing workplace sexual harassment. This marks a pivotal shift, emphasising proactive measures over reactive responses.

• Compensation Uplift: In cases where sexual harassment is proven against an employer, the compensation awarded can see a significant uplift of up to 25%. This underscores the importance of employers fulfilling their duty to prevent harassment.
• “Reasonable Steps” defined: as mentioned above, the legislation initially called for employers to take “all reasonable steps,” but a House of Lords amendment has altered this requirement to “reasonable steps.” The absence of a rigid definition leaves room for interpretation, offering employers a more achievable standard.

Expectations from EHRC Guidance:

The Equality and Human Rights Commission (EHRC) is expected to release updated guidance before the legislation takes effect. The anticipated inclusions in the guidance are as follows:-

• Anti-Harassment Policies: A focus on comprehensive policies that address and prevent sexual harassment in the workplace.
• Effective Complaints Procedures: The importance of establishing clear and efficient procedures for reporting harassment incidents.
• Staff Training: Emphasis on ongoing and meaningful training for staff, ensuring they are equipped to address and prevent sexual harassment.

Looking Ahead:

As the EHRC prepares to provide additional guidance, employers are urged to proactively review and possibly revise their policies, procedures, and training programs. This forward-thinking approach will not only align businesses with the upcoming legislation, but also contribute to cultivating a safer and more respectful work environment.

The UK’s proactive approach to combatting sexual harassment in the workplace sets a precedent, emphasising the importance of fostering respectful and inclusive work environments. Despite the legislation’s scaled-back impact, employers should not overlook the new duty. Employers should proactively review and enhance their practices to align with the duty starting in October 2024. This may be in the form of updating anti-harassment policies, ensuring meaningful anti-harassment training to educate employees about their rights and responsibilities, as well as establishing clear reporting mechanisms for victims.

If you require any employment advice, please contact our Employment Law team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk