Starting October 26, 2024, employers across England, Scotland and Wales will face new obligations to proactively prevent sexual harassment in the workplace. This change is part of the Worker Protection Act 2023, an amendment to the Equality Act 2010 and aims to close gaps in current protections by requiring employers to take “reasonable steps” to stop sexual harassment before it happens. 

What’s changing? 

The new preventative duty builds on the protections already in place under the Equality Act 2010 by holding employers accountable not only for addressing sexual harassment after it occurs but also for preventing it from happening. Employers now need to anticipate situations where sexual harassment may occur and demonstrate that reasonable steps have been taken to prevent such behavior. 

Key changes you should know: 
  • Employer accountability for third-party harassment 
    Employers are now liable for harassment by customers, clients, suppliers or other third parties, even if it occurs only once. The previous “two-strike rule,” which required multiple incidents to trigger employer liability, has been removed. 
  • Proactive duty to prevent harassment 
    Employers must demonstrate proactive efforts to prevent harassment by, for example, implementing clear policies, robust reporting mechanisms and employee training. This duty extends to both internal and third-party interactions. 
  • EHRC guidance to support compliance 
    The Equality and Human Rights Commission (EHRC) published an 8-step guide on September 26, 2024, to help you meet these legal obligations. The guidance emphasizes actions such as: 
    • Reviewing your policies regularly 
    • Engaging your employees in discussions about workplace culture 
    • Implementing anonymous reporting channels 
    • Tracking and reviewing all reported incidents 

What does ‘reasonable steps’ mean? 

The EHRC guidance clarifies that what qualifies as “reasonable” will depend on an employer’s size, resources and industry-specific risks. You are encouraged to: 

  • Identify risks of sexual harassment specific to your workplace. 
  • Evaluate preventative actions you can take, such as refreshed training or policy updates. 
  • Implement and monitor those actions regularly. 

The goal is to create a culture of trust and safety that encourages your employees to report incidents without fear of retaliation. 

How to prepare: Practical steps you can take 

To foster a safer and more respectful workplace, employers should take proactive measures:  

  • Review your policies and procedures 
    Ensure your anti-harassment policy is up to date, easy to understand and readily accessible to employees. Make sure it clearly outlines reporting procedures and applies to both internal and third-party harassment. 
  • Deliver regular, targeted training 
    Provide refreshed sexual harassment prevention training that reflects the latest legal requirements. Your training should emphasize how to recognize harassment and empower employees to intervene when they witness inappropriate behavior. 
  • Establish reporting mechanisms 
    Set up anonymous channels for your employees to report concerns. Regularly review and act on reports to ensure employees feel safe coming forward. 
  • Track and review incidents 
    Maintain a record of all harassment reports and use this data to identify trends and adjust your policies or training as needed. 

Enforcement and penalties 

The EHRC is empowered to take enforcement action against non-compliant employers. If you fail to comply, this includes: 

  • Investigations into your practices 
  • Action plans or legally binding agreements to prevent future harassment 
  • Injunctions to stop unlawful conduct 

If an employee files a harassment claim and the employer is found to have neglected their preventative duties, employment tribunals can increase compensation by up to 25%. 

Why these changes matter 

Research by the Trade Union Congress (TUC) reveals that over half of women and nearly 70% of LGBT workers have experienced sexual harassment at work, despite existing protections under the Equality Act. These sobering statistics highlight the need for stronger measures to prevent harassment before it occurs. 

The new law sends a clear signal that prevention is key. Wera Hobhouse, Member of Parliament of the United Kingdom and sponsor of the new legislation, said, “Employers need to take action to prioritize prevention of sexual harassment and ultimately improve workplace practices and cultures.”  

To comply with the new legal requirements, HR and legal professionals should: 

  • Assess current policies for gaps related to sexual harassment prevention. 
  • Audit training programs to ensure they reflect the new obligations and are delivered regularly. 
  • Engage your employees to foster a workplace culture that values respect and transparency. 

These changes present an opportunity for you to strengthen their workplace culture and demonstrate a commitment to employee well-being. 

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