As of 26th October 2024 a new obligation on employers to take reasonable steps to prevent their workers from being exposed to sexual harassment in the workplace came into force. There’s been a lot of news stories on this subject recently, with the latest one being that Al Fayed victims felt that there was no route for them to raise concerns about what was happening to them within that business.
The new duty is therefore aimed at encouraging employers to be more proactive in their efforts to prevent sexual harassment in the workplace, and Parliament has passed The Worker Protection (Amendment of Equality Act) Act 2023 with that aim in mind.
When considering the new duty, what are the key areas that employers will need to consider in terms of ‘reasonable steps’ within their business?
Every employer’s situation will be different, a fact that is reflected in the technical guidance, and it’s therefore important that employers consider their organisation’s circumstances specifically. Whilst that analysis has to be done at an organisational level, the following actions are identified within the technical guidance and will apply to all organisations:
- Carry out and maintain a Risk Assessment on this subject and prepare an action plan.
- Have the right policies and procedures in place covering this topic.
- Train Managers & Supervisors.
- Ensure that the policy is communicated to all workers along with guidance on how to raise a concern of this nature.
Employers should be aware that the consequences of non-compliance in this area could be quite severe. There is already no limit to the value of compensation that an Employment Tribunal can award against a successful claim of this nature, and Employment Judges will have the power to increase any awards by up to 25% if it is found that the employer has not taken the necessary preventative steps outlined above.
As a key aspect of our service at Transitional HR, we can help employers introduce the right policies and practices to minimise the risk of their employees being exposed to this type of unwanted behaviour and to meet the requirements of the new legislation. If any employer wishes to have a discussion to develop a better understanding of their legal responsibilities on this subject feel free to get in touch and we will get back to you as soon as possible.
