Under new laws, employers are under a legal duty to prevent sexual harassment in the workplace. This new duty obliges employers to take reasonable pre-emptive steps to prevent those working for them from encountering unwanted behaviour of a sexual nature.
Failing to adhere to your duty to prevent sexual harassment in the workplace can have far-reaching consequences, both financially and reputationally. If you need advice on the extent of your obligations and putting pragmatic, cost-efficient measures in place to fulfil them, speak to us. With our decades of experience in HR and employment law issues, we are ideally placed to provide the support and guidance you need.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
What Is The New Duty To Prevent Sexual Harassment In The Workplace?
The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force in October 2024. It introduced a mandatory duty on employers to prevent sexual harassment in the workplace. While the Equality Act 2010 already prohibited sexual harassment, the new law tasks employers with taking proactive measures to prevent it from occurring within their organisation.
What Is Classed As Sexual Harassment?
The legal definition of ‘sexual harassment’ is fairly wide. Any unwanted behaviour that violates an individual’s dignity or creates an intimidating, hostile, humiliating, offensive, or degrading can constitute sexual harassment.
Unwanted behaviour that produces one of the effects referred to above can be classed as sexual harassment, even if that was not the intention of the individual responsible. On the other hand, unwanted behaviour can be deemed sexual harassment if it did not have one of the effects listed but the individual responsible had intended it to.
What Can Constitute Sexual Harassment?
The legal definition of sexual harassment is such that a variety of actions can fall within it. Some examples include the following:
- Unwanted contact, which can include acts such as hugging or massaging someone
- Making comments about a person’s clothing, body, or general appearance
- Questioning somebody about their sex life
- Making sexual advances
- Sending sexual content to somebody, for example, by email
- Making jokes of a sexual nature
- Displaying sexual images or other material
- Making suggestive gestures or leering
- Rape or sexual assault.
How Do You Fulfil Your Duty To Prevent Sexual Harassment In The Workplace?
The measures required to fulfil the duty to take ‘reasonable steps’ to prevent sexual harassment in the workplace depend on several factors. They include the size of your business and the sector in which it operates. Our HR specialists will advise on the measures appropriate in your case, which might include the following:
- Encouraging a working environment in which workers show each other respect, empathy, and understanding.
- Educating your employees on the types of conduct that constitute sexual harassment and ensuring that everyone understands that you will not tolerate such behaviour.
- Undertaking risk assessments to establish how and where potential risks of sexual harassment may arise in your workplace.
- Putting clear, effective policies in place that deal with sexual harassment.
- Implementing straightforward reporting processes.
- Investigating any complaints of sexual harassment swiftly and effectively.
- Offering support to anyone who experiences sexual harassment in your organisation.
What Happens If You Breach Your Duty To Prevent Sexual Harassment Of Employees?
Employees cannot bring standalone legal proceedings against you for breaching your duty to prevent sexual harassment of employees in your workplace. However, if they bring a claim for sexual harassment, they can include allegations relating to your alleged breach to increase the severity of any punishment you receive.
If an employee brings proceedings against you in the Employment Tribunal for sexual harassment and their claim succeeds, the Tribunal is at liberty to increase the compensation it awards to the employee by up to 25% if they consider that you breached your duty to prevent sexual harassment of employees. It’s important to remember that compensation in sexual harassment cases is subject to no upper limit, so a 25% increase can have a serious financial impact on your organisation.
In addition to the powers of the Employment Tribunal, the Equality and Human Rights Commission has been given powers to investigate employers suspected of not taking reasonable steps to prevent sexual harassment in the workplace and take enforcement measures against them.
Being subjected to an Employment Tribunal claim or an investigation by the Equality and Human Rights Commission for alleged breaches of your duty to prevent sexual harassment in the workplace can have severe financial and reputational repercussions for your business. Seeking advice and support from experienced HR and employment law specialists like us will ensure you understand the impact of the new law and take reasonable steps to comply with your legal duty.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
