August 6, 2024
An important change in the law will be brought into force on 26 October 2024, requiring employers to take reasonable steps to prevent sexual harassment at work. With many employers falling behind on this, our employment law experts share their advice on what employers should be doing to ensure they comply with the new duty.
What is sexual harassment?
Sexual harassment is any form of unwanted conduct of a sexual nature which has the purpose or effect of violating someone’s dignity, or subjecting them to a degrading, humiliating, intimidating or offensive environment at work. Because the definition focuses on the effect on the victim and not just the intent of the perpetrator, sexual conduct which isn’t intended to offend can still be covered. For this reason, in some cases, workplace ‘banter’ of a sexual nature has been seen as sexual harassment.
What does the new law do?
Employers will face a new duty to take ‘reasonable steps’ to prevent sexual harassment in the workplace. This will be a rare “positive” duty under the Equality Act, requiring employers to act proactively to prevent sexual harassment before it occurs.
What if an employer breaches this duty?
A breach of this duty by an employer will allow Employment Tribunals to uplift the compensation afforded to an employee by 25% where the duty is breached. This can lead to expensive compensation payments for employers where an employee successfully claims sexual harassment and other types of claims, such as constructive unfair dismissal.
The Equality and Human Rights Commission will also be enforcing the duty, and will have the power to undertake investigations into workplace practices and issue penalties for non-compliance.
Might there be further changes in this area?
As it stands, the new duty will be to take “reasonable steps” to prevent sexual harassment. The recent King’s Speech indicated that the new UK Government will strengthen the duty by making it “all” reasonable steps, which may be a much more onerous duty. Even more significantly, Labour indicated in its pre-election manifesto that it also wants to require employers to protect staff from third parties (such as customers or suppliers), not just their own employees. Keep an eye on our live updates page on the new Government’s employment law changes for any announcements in this area.
What should employers do now?
Careful planning and preparation will be essential to ensure employers are ready to comply with this new, proactive duty.
If you require employment law advice on any of the above or would like to explore our training offering, contact Damian Phillips on 02920 829 126 or dphillips@darwingray.com for a free initial chat to see how we can help you.
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