25th July 2024
From October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force and strengthen protection for workers against sexual harassment, placing a new duty on employers to take ‘reasonable steps’ to prevent sexual harassment in the workplace.
UK employers will have a legal responsibility to work preventatively, rather than reactively, when it comes to protecting their employees. The Act states employers “must take reasonable steps to prevent sexual harassment of employees in the course of their employment” which extends to employees working outside of their office and attending social events that are deemed an extension of work.
This change is important, as it will encourage employers to evaluate their culture and code of conduct, making sure that staff safety is placed at the forefront for all employees.
However, the Act will not extend to making a company liable for any harassment experienced by employees that work with third parties, for example customers or clients. Despite this, businesses should still be taking all preventative measures to protect these employees. This may include a code of conduct for third parties you work with, ensuring consequences for any client or customer that harasses an employee, and making sure that all members of staff feel empowered to report sexual harassment.
As an employer, you’re probably already doing lots of work to ensure a strong culture of support and safety in your workplace. However, it is important that you can show that your business is actively implementing measures that will prevent sexual harassment occurring.
Some areas to look at include:
Embedding preventative measures into your company on every level and ensuring that staff are well educated on not only how to prevent sexual harassment, but what action they need to take if they witness it or experience it themselves, is crucial. Doing so will empower your employees and allow them to feel safe and supported in their place of work.
Failing to take these measures could be costly, both financially and for your company’s reputation. Tribunals will have the power to increase compensation by up to 25% if it’s found that an employer has breached their duty of implementing appropriate preventative measures against sexual harassment.
Whilst this might seem like a lot to digest, it is likely that your company already has lots of measures in place to prevent your team from experiencing sexual harassment at work, but the introduction of this Act is a great opportunity to revisit the policies, procedures and training you have in place to see where improvements could be made.
We can help you make sure your business is ready for the changes coming this October. For further information, please contact Sarah Everton, Head of Employment Law, on 01782 577000 or email: sarah.everton@myerssolicitors.co.uk
