Prevention of sexual harassment in and connected to the workplace should be at the forefront of the minds of employers as from the 26th October 2024 new legislation comes into place resulting in employers having a legal obligation to take reasonable measures to prevent sexual harassment of its workforce (known as the ‘preventative duty’).

If you require some support in implementing these changes or require HR support to ensure your business remains complaint, please get in touch today.

What is the new amendment in the prevention of sexual harassment legislation?

From 26th October 2024, under The Worker Protection (Amendment of Equality Act 2010) Act 2023 employers will be required to take proactive ‘reasonable steps’ to prevent sexual harassment of their workers during the course of their employment.

This includes preventing sexual harassment, in the workplace and connected to the workplace; during and outside of their working hours in circumstances which they are acting on behalf of the business, by other employees, workers and third parties.

What are the obligations for employers to prevent sexual harassment from 26th October 2024?

Employers must show that they have taken action to implement reasonable preventative steps against sexual harassment that could occur between worker-on-worker, agents acting on behalf of employers and third parties.

Does the preventative duty against sexual harassment apply to SME’s?

Yes. No matter the size of a Company, all employers must comply with their duty to take proactive preventative action to prevent sexual harassment for their employers, workers and third parties; including but is not limited to clients, customers and visitors.

What is sexual harassment?

To summarise, the Equality Act 2010 Section 26 (2) determines harassment as:

  • “When a person is subjected to unwanted conduct of a sexual nature which has the purpose or effect of either violating their dignity of creating an intimidating, hostile, degrading or offensive environment”
  • And “When a person is treated less favourable because they submitted to or rejected that unwanted conduct”.

This unwanted, uninvited and unwelcome conduct covers a range of behaviours in sexual nature including:

  • Verbal and written comments
  • Social media posts or communication
  • Imagery
  • Physical behaviour
  • Invasion of personal surrounding
  • Jokes and banter
  • Incentives for sexual acts
  • The perception of sexual harassment even if this was not how the conduct was intended
  • Subjecting an individual to less favourable treatment for either rejecting or submitting to the unwelcomed and unwanted conduct.
  • Or due to their protected characteristics such as sex, sexual orientation and gender reassignment.

What positive reasonable steps can employers take in relation to prevent sexual harassment?

The positive anticipatory reasonable steps will be circumstantial depending on the size, nature and resources accessible to an employer. Examples of practical reasonable steps a small business could include, but are not limited to:

  • A review of, or update in, the current harassment policy and procedure
  • Relevant training to managers and employees
  • Informing third parties of the company’s approach against sexual harassment and highlight expectations
  • Conduct risk assessments to identify the possible risks and steps that can be taken to mitigate against sexual harassment to employees and third parties
  • Effective implementation and continuous review of these reasonable steps.

What is the compensation for sexual harassment at an employment tribunal?

Employees have always been able to make a claim at employment tribunal in relation to Sexual Harassment. From 26th October 2024 if an employer is found to have breached this new duty it could amount to an uplift in compensation by up to 25% at employment tribunal. Additionally, reports can be made to the Equality and Human Rights Commission who may implement fines and other actions following their investigation.

It’s therefore key for employers to take action to demonstrate they are upholding their duty against the prevention of sexual harassment.

Prevention of Sexual Harassment Support: Take the first step to better HR with Norton Loxley

To ensure your business is compliant, we are offering a limited time offer of £250 + VAT throughout the month of November 2024 to support you in taking reasonable preventative steps to reflect the above. Please get in touch with the Norton Loxley team today.

If your HR policies and HR documentation could benefit from a thorough review to align with the latest employment legislation changes, please reach out to discuss your specific requirements.

You may also be interested to explore our latest blog on Employment law changes in 2024: Employer action points.