Guide to preventing sexual harassment

From 26 October 2024, employers will have a mandatory duty to prevent sexual harassment in the workplace. The Equality and Human Rights Commission (EHRC) have updated their guidance and published a new “8-step” guide to help employers prevent sexual harassment at work.

Under the new duty that came into force on 26 October, employers will now have a positive legal duty to take reasonable steps to prevent sexual harassment of their workers. This duty, also referred to as ‘the preventative duty’, will cover incidents of worker-on-worker harassment as well as harassment by third parties such as customers, clients or patients.

If an employer fails to comply with this duty, the EHRC can take enforcement action. Employers also risk employees being awarded an increase in compensation of up to 25% in any related tribunal claims.

The new law is not specific as to steps that must be taken. The EHRC guidance suggests that a tribunal will need to take a variety of factors into consideration when determining what the term “reasonable steps” amounts to. These will include the size and nature of a particular business. What is clear, is that employers will need to consider their entire workforce and how they can identify and realistically measure potential risks.

The guidance contains an eight-step guide for employers to follow when looking to take positive action to prevent and deal with sexual harassment in their workplace. Although these are not binding, a tribunal will likely scrutinise any efforts an employer has made in relation to them. The list is stressed not to be exhaustive, but sets out the following steps:

• Developing an effective anti-harassment policy
• Engaging with staff
• Assessing and taking steps to reduce workplace risk
• Reporting
• Training
• Handling harassment complaints
• Dealing with third-party harassment
• Monitoring and evaluating actions

The guidance goes on to indicate that employers should consider undertaking a risk assessment and taking action on any points of concern. When conducting a risk assessment, employers should consider how they can prevent harassment when third parties enter the workplace (e.g. contractors, customers and volunteers). If workers frequently visit third-party sites, consideration should be given to safety and reporting incidents that may happen during these visits.

In addition, ensuring that policies in place are sufficiently detailed and that employees know how to report incidents of harassment are expected to be essential components of demonstrating compliance with the duty. While many businesses have existing policies, they may not cover sexual harassment sufficiently and might require amendment. The guidance would suggest that implementing a standalone sexual harassment policy may be more effective in complying with the new duty. It also sets out a number of suggestions for inclusion, such as definitions and examples of sexual harassment, training, reporting procedures, and details of how the business will deal with reports received.

It is recommended that all employers review the guidance in full and identify how they will look to comply with the duty when it is in force. Our team has developed a toolkit for employers to assist them in complying with the new mandatory duty. We have developed a variety of services, including a review of any existing policies, reporting on potential risks, provision of appropriate policies, and a variety of training packages which can be tailored to suit your business needs.

If you would like to know more about our services or have any questions regarding the content of this article, please contact [email protected]

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The much-anticipated Employment Rights Bill has finally been published by the Labour Government. While the text of the 150-page Bill may change as it makes its way through parliament, there is no doubt that it will give ‘employees’ and ‘workers’ significant extra protection in a number of important areas. With this in mind, Employment Legal Director, David Clay is hosting a free, live webinar on Tuesday 26 November at 10am to discuss this in more detail. You can register for this webinar here: https://attendee.gotowebinar.com/register/4070290234196661600.

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Following the success of our September Forum, for this festive gathering, we are delighted to be meeting again at Carluccio’s in central Reading.

This will be a great opportunity to get into the festive spirit during a relaxed networking session with the usual hot drinks, a light breakfast and, being December, some festive features! As in recent years, there will be a surprise Christmas challenge with the opportunity to win a small gift, to get everyone in the festive spirit.??? ??

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