From October 26, 2024, a new legal obligation will be placed on employers, demanding proactive measures to prevent sexual harassment in the workplace. This mandate stems from the Worker Protection (Amendment of Equality Act 2010) 2023, significantly shifting the landscape of workplace conduct. Under this new duty, businesses are required to take reasonable steps to prevent sexual harassment, ensuring a safer and more respectful environment for their employees.
Sexual harassment is defined as unwanted conduct of a sexual nature, which undermines the dignity of individuals or creates an intimidating, hostile, or offensive environment. This broad definition encompasses various settings—from in-person interactions during work or social events, to online communication via emails, text messages, or virtual meetings. Furthermore, it includes harassment from not only employees but also customers, suppliers, and other third parties.
Historically, there has been substantial under-reporting of workplace sexual harassment. Research published by the TUC in May 2023 highlighted that three in five women have experienced either bullying or sexual harassment at work. Despite these concerning figures, only 30% of those affected felt confident enough to report these incidents to their employers. This lack of reporting, combined with insufficient action from employers, is a key reason behind the introduction of this new legislation.
Patrick Glencross, Senior Associate at Furley Page’s Employment Law Team, emphasises the significance of the new duty. He stated, “This duty has been designed to address the longstanding issue of under-reporting and lack of adequate preventive measures by employers. Employers will now be required to foresee and mitigate potential situations where sexual harassment could occur.”
The obligation to take reasonable steps applies universally to all employers, irrespective of company size. However, the specific steps required may vary depending on factors such as the size and nature of the business, the sector in which it operates, and the degree of interaction with third parties.
Practical Measures for Employers to Comply
Employers are encouraged to adopt a variety of measures to align with the new regulations. Businesses should start by conducting a comprehensive risk assessment across their operations to identify areas where sexual harassment may occur. This should include consultation with staff, allowing employees to provide feedback on the current risk factors and suggest preventive actions. Open dialogues with trade unions or staff forums can further inform the risk assessments.
A crucial step is the development of a clear and effective policy addressing sexual harassment. This should be accompanied by a robust reporting system, which allows employees to report incidents confidentially or anonymously. Businesses must maintain accurate and confidential records of all complaints, both formal and informal, to demonstrate their commitment to transparency.
Training is another vital element of compliance. All employees should receive mandatory training on sexual harassment, behavioural expectations, and the process for raising concerns. Specific training should also be provided for managers, equipping them with the skills to handle harassment complaints effectively and sensitively.
Addressing potential harassment from third parties, such as customers or suppliers, is equally important. Notices on company premises or clauses in contracts can help establish clear expectations for conduct and minimise risk. Swift action must be taken to investigate and resolve any complaints, with confidentiality preserved for all parties involved. Moreover, businesses should ensure that employees who report harassment are supported and protected from retaliation.
Finally, businesses are advised to regularly monitor the effectiveness of their policies and procedures, using tools such as staff surveys or lessons-learned reviews. This continuous evaluation helps businesses stay ahead of potential issues and refine their approach to preventing harassment.
Enforcement and Penalties
The Equality and Human Rights Commission (EHRC) will be empowered to enforce compliance with the new duty. While large employers are more likely to be targeted for action, all businesses should be prepared for potential scrutiny. In 2023, McDonald’s faced action from the EHRC over concerns about its handling of sexual harassment complaints. The outcome was a binding agreement that required McDonald’s to enforce a zero-tolerance policy, conduct a workplace survey, and deliver targeted training.
Employment Tribunals will also play a role in enforcing the new regulations. Tribunals now have the power to increase compensation for victims of harassment by up to 25% if it is found that an employer breached its duty to take reasonable steps. This heightened financial risk adds further impetus for businesses to comply with the new regulations.
The Path Forward
The introduction of the duty to prevent sexual harassment marks a turning point in workplace culture. Employers are expected to go beyond reactive measures and take proactive steps to safeguard their employees. As Patrick Glencross notes, “In the long term, we may see even further legal developments, including reintroducing employer liability for third-party harassment and extending protections to unpaid interns and volunteers.”
For business leaders, the message is clear: the time to act is now. Ensuring compliance with these new regulations not only protects employees but also strengthens the business’s reputation, mitigating risks and fostering a culture of respect and inclusion.