New Sexual Harassment Legislation: What Employers Need to Know
As a leading provider of talent to the Insights and Data Analytics profession, we’re committed to keeping our clients informed about important changes in employment law.
A significant new piece of legislation is set to come into effect on October 26, 2024, that will impact how employers handle sexual harassment in the workplace. Here’s what you need to know:
The Worker Protection Act 2023
The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a new legal duty for employers to take “reasonable steps” to prevent sexual harassment of their employees in the workplace.
This legislation aims to strengthen protections for workers and create safer work environments.
Key Changes for Employers
New Preventative Duty
The most significant change is the introduction of a proactive duty on employers to prevent sexual harassment. This means you’ll need to take steps to anticipate and prevent potential incidents, rather than simply reacting to complaints
Potential Compensation Increase
If an employment tribunal finds that an employee has been sexually harassed and the employer has breached the preventative duty, they can increase the compensation award by up to 25%.
Third-Party Harassment
While the Act doesn’t explicitly cover third-party harassment, updated guidance from the Equality and Human Rights Commission (EHRC) suggests that employers should take steps to prevent sexual harassment by third parties such as clients or customers
Steps Employers Should Take
To comply with the new legislation and create a safer workplace, consider taking the following actions:
- Review and update your anti-harassment policies
- Conduct mandatory training for all staff on sexual harassment prevention
- Implement clear reporting procedures for harassment incidents
- Regularly assess workplace risks for potential harassment scenarios
- Engage with employees through surveys and interviews to identify issues
- Monitor and evaluate the effectiveness of your preventative measures
Implications for Recruitment
We recommend that our clients:
- Incorporate anti-harassment policies and training into onboarding processes
- Screen candidates thoroughly, including reference checks that may reveal past behavioural issues
- Consider adding questions about handling workplace harassment to interview processes for managerial positions
The new sexual harassment legislation represents a significant shift in employer responsibilities. By taking proactive steps now, you can create a safer work environment, protect your employees, and mitigate legal risks. Our agency is here to support you in implementing best practices for recruitment and employee management in light of these changes. Get in touch if you’d like to discuss these changes in more detail.
Useful links: