The New Mandate: Understanding Your Positive Duty to Prevent Sexual Harassment?
Reviewed & Cleared
Media lawyers advising on Content, Business Affairs and Employment across all media formats.
Preventing Harassment
Given recent events and changes in the law, the spotlight has fallen on workplace sexual harassment and unwanted conduct and the new legal duties on employers to meaningfully put measures in place to make sure their, staff including freelancers, are protected. Understandably, many of our clients are revisiting their harassment policies to ensure they are fit for purpose and properly understood by all their Staff and Crew as this is an ideal time to review and recirculate up-to-date policies and invest in training sessions, ensuring all staff and crew are equipped to prevent and address harassment and unwanted conduct effectively.
Duty to Prevent Unwanted Conduct: What Employers Need to Know
As of?26 October 2024, UK employers are under a new legal duty to take?reasonable steps?to prevent sexual harassment in the workplace, thanks to the implementation of the?Worker Protection Act, which amends the Equality Act 2010.
This critical shift strengthens staff protections and raises the stakes for all employers to ensure they create and maintain safe and respectful working environments.
What is the Duty?
The new section 40A of the Equality Act 2010 mandates employers to address sexual harassment risks proactively. While the original draft of the Worker Protection Act required employers to take "all reasonable steps," the wording was softened to "reasonable steps.”
However, the upcoming?Employment Rights Bill?is set to reinstate the more robust "all reasonable steps" standard, signalling the government’s intent to hold employers to a higher level of accountability.
Enforcement and Penalties
The?Equality and Human Rights Commission (EHRC)?now has the power to enforce this duty, and employment tribunals can impose significant financial consequences for breaches. If a tribunal finds that an employer has failed to meet its obligations, it can award an?uplift of up to 25%?on compensation in sexual harassment claims. This provision sends a strong message: active prevention of unwanted conduct is essential.
Here are our recommended eight key steps Companies can take to meet this legal duty to prevent unwanted conduct:
1.??????Develop a Robust Anti-Harassment Policy
Clearly define sexual harassment and provide relevant examples to your industry.
Include procedures for reporting, addressing, and preventing harassment, including third-party incidents.
Commit to regular and meaningful policy reviews and updates.
2.??????Engage Your Workforce
Regularly communicate your policy and its importance.
Ensure staff know how to report harassment and the consequences of breaching the policy.
3.??????Assess and Reduce Risks
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Conduct workplace risk assessments, addressing factors like power imbalances (e.g. the reluctance of freelancers to call out unwanted conduct).
4.??????Implement Reporting Mechanisms
Use confidential systems to enable anonymous or named reporting.
Maintain records to identify trends and take corrective action.
5.??????Provide Effective Training
Train all staff on recognizing, preventing, and addressing harassment.
Include guidance for handling third-party harassment where applicable.
6.??????Handle Complaints Promptly
Act swiftly, respect confidentiality, and protect complainants and witnesses from retaliation.
Avoid inappropriate use of confidentiality agreements.
7.??????Monitor and Evaluate
Regularly review policies, training, and complaint data.
Seek staff and crew input to improve practices and adapt to workplace changes.
By taking these proactive steps, employers can meet their legal obligations and create a respectful, productive workplace for all.
The Employment Team at Reviewed and Cleared (Emma Mustill and Ben Power) help companies, including film and TV production companies, develop new, robust frameworks that demonstrate compliance and create a safer and more inclusive working culture for all staff.
If you’d like a complimentary health check and consultation of your harassment policies to include a 15-minute consultation, please contact in the first instance Emma Mustill at Reviewed and Cleared, and we can take it from there.