The Equality and Human Rights Commission (EHRC) has released updated guidance to help employers understand their legal responsibilities under new duties to prevent sexual harassment in the workplace.
The Worker Protection Act, which amends the Equality Act 2010, will come into effect on 26 October 2024, shifting the focus for employers from addressing harassment after it happens to actively preventing it.
New Preventative Duty Against Sexual Harassment
The Equality Act 2010 defines sexual harassment as unwanted conduct of a sexual nature that undermines someone’s dignity or creates a hostile environment. The new law imposes a positive duty on employers to take reasonable steps to prevent this. Employers are now required to anticipate the risks of sexual harassment in their workplace and implement measures to prevent it. This duty also includes addressing third-party harassment, such as from customers or clients. Failure to comply could lead to enforcement action, as well as increased compensation in employment tribunals.
The 8 Key Steps for Employers
In this latest guidance, the EHRC highlights the need for risk assessments and sets out an eight-step process to help employers comply with the new preventative duty.
Step 1: Develop an Effective Anti-Harassment Policy
Employers need a clear policy that outlines who is protected, defines sexual harassment, and states that harassment will not be tolerated. This policy should include examples relevant to the workplace and address third-party harassment. It must also set out procedures for handling complaints and outline possible disciplinary actions, including dismissal.
Step 2: Engage Your Staff
Engaging with staff is crucial to identifying potential issues. Employers should communicate the reporting process for harassment and ensure workers are aware of the consequences for breaches of the policy. Regular staff surveys, one-on-one meetings, and open-door policies can help assess whether preventative measures are effective.
Step 3: Assess and Reduce Risks
Conducting risk assessments helps identify factors that might increase the likelihood of harassment, such as power imbalances or job insecurity. Employers should consider steps to minimise these risks, for example, ensuring diversity in teams, limiting lone working, and addressing alcohol consumption in social settings.
Step 4: Establish Reporting Mechanisms
Employers should have a system in place for employees to report harassment, which may include anonymous reporting options. Clear communication about what constitutes acceptable behaviour and how to recognise harassment is essential. Keeping centralised records of complaints, both formal and informal, will help monitor trends.
Step 5: Provide Training
Training for all staff, including senior managers, on what constitutes sexual harassment and how to handle complaints is vital. In sectors prone to third-party harassment, additional training on handling customers is recommended. Regular refresher training sessions should be offered to ensure ongoing effectiveness.
Step 6: Address Complaints of Harassment
Employers must act promptly when a harassment complaint is made. This involves protecting the complainant from further harassment and respecting confidentiality. In cases where the behaviour might constitute a criminal offence, employers should support the individual in reporting the matter to the police.
Step 7: Manage Third-Party Harassment
Harassment by third parties, such as customers or clients, should be treated as seriously as harassment by colleagues. Employers must put measures in place to address this, such as reporting systems and risk assessments for high-risk environments.
Step 8: Monitor and Evaluate
Regular monitoring of the measures in place is essential to ensure they remain effective. This can be done through analysing complaints data, staff surveys, and lessons learned from resolved cases. Employers should also review policies and training regularly to ensure they align with changing workplace dynamics.
Need Assistance?
The Worker Protection Act places a new legal duty on employers to take proactive steps to prevent sexual harassment. Ahead of the legislation taking effect, employers are advised to review their current policies and procedures in light of the new EHRC guidance, to ensure compliance.
For specialist advice or support on how to meet your obligations as an employer, both to create a safe and supporting working environment and to minimise legal risk, contact us.
The full ECHR guidance can be found here >>
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
