Employers must take ‘reasonable steps’ to prevent sexual harassment
In October 2024, the Worker Protection (Amendment of the Equality Act 2010) Act 2023 comes into force. This legislation will strengthen existing protection for workers against sexual harassment, by placing a new duty on employers to take ‘reasonable steps’ to prevent sexual harassment. If an Employment Tribunal finds that there has been a breach of this duty, it has the ability to increase an award for compensation by up to 25%.
What is sexual harassment?
Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
How employers can prevent sexual harassment
Employers need to proactively manage how they prevent and tackle sexual harassment at work. Should a claim arise, they need to be able to show evidence of the reasonable steps taken in order to do this.
CIPD has issued guidance which outlines a number of priority areas where employers should focus their attention on in order to deal with sexual harassment at work.
- Organisational and structural change.
Senior leaders influence working culture and determine expectations around acceptable behaviour at work. They need to ensure they are adhering to the values and behaviour that underpin dignity, respect and inclusion.
- Policies and procedures.
It is important to have written policies and guidance regarding sexual harassment, including a definition and examples of what constitutes sexual harassment. Whilst these policies do not change workplace culture on their own, a written record of a company’s expectations is helpful to outline everyone’s responsibilities for preventing and tackling sexual harassment. It also reinforces that the company takes the issue very seriously.
- Training and development.
Employers should hold regular training sessions for all staff so they understand what sexual harassment is and their role in preventing/addressing it.
- Reporting channels and investigating.
A company needs to have clear and well-promoted channels for complaints. The organisation needs to ensure that it responds promptly, fairly and thoroughly to concerns raised, which in turn sends a clear message that any discriminatory conduct or harassment will not be tolerated.
- People management capability.
Line managers are often the first point of contact in recognising, challenging and addressing unfair treatment including sexual harassment. Line managers need training, education and guidance to give them confidence to tackle sexual harassment and to ensure they are dealing with matters appropriate and effectively.
- Monitoring and review.
Monitoring the gender diversity of the workforce across the board, including during recruitment and promotion, will assist in highlighting any potential discrimination or harassment on the grounds of gender. Employers can also collect feedback from staff, for example via staff surveys, to proactively assess whether there are any gender inequality, bullying or harassment concerns, and then take steps to address any such concerns if they arise.
If you need any advice regarding measures that can be implemented in advance of the new legislation coming into force, or want to ensure your sexual harassment policy is up to date, please do not hesitate to contact the employment team at employment@glaisyers.com.
