UK employers have only days left to implement new measures to protect their workers from sexual harassment in the workplace, in accordance with new legislation.
The changes come as part of the Worker Protection (Amendment of Equality Act 2010) Act 2023, which imposes a proactive duty on companies to prevent sexual harassment or face financial penalties, as well as possible action from the Equality and Human Rights Commission (EHRC).
Under the new legislation, which will come into force on 26 October, businesses are required to take positive steps to protect employees from harassment, marking a shift from a reactive to a proactive approach. This includes implementing preventative measures, such as conducting risk assessments and updating workplace policies to reflect the new obligations.
Failure to meet these requirements could lead to legal consequences, including an increase of up to 25 percent in compensation if a sexual harassment claim is successful at an employment tribunal.
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New Legal Requirements for Employers
Philip Pearson-Batt, Senior Associate at HR and Employment firm Precept, stressed the importance of employers preparing for the new rules, which come into effect later this month. He advised that companies should begin by conducting regular risk assessments specifically focused on sexual harassment and updating their policies and procedures accordingly.
He said, “As we enter this last quarter of the year there are some really big changes on the horizon that we at Precept think every business owner needs to be aware of.“Under the new legislation there is a new and positive duty on employers to take reasonable steps to prevent the sexual harassment of their workers – a shift from preventative to proactive duties.
“No employer, regardless of their size or the nature of the work they undertake, is exempt from this, so it is vitally important we’re all fully aware of what is expected.”
Importance of Workplace Training and Culture
Precept also recommends that businesses invest in regular and comprehensive staff training on sexual harassment, ensuring employees understand what it entails and how to report any concerns. The training should be tailored to the specific needs of the company and regularly updated to remain effective. Senior leaders and managers must clearly communicate a zero-tolerance approach to harassment and ensure that all concerns are handled appropriately and swiftly.
“It is vital to create a workplace culture where your workers feel able to come and talk to you about potential acts of sexual harassment and it goes without saying that this should come from the top down,” Philip Pearson-Batt added. “Be mindful of signs or symptoms of sexual harassment. For example, has somebody’s conduct at work suddenly changed? Are they taking more time off work? If you spot these sorts of changes in your workers, then try to get to the bottom of what is going on.
“And if you are ever in doubt there is help out there. A good starting place is the Equality and Human Rights Commission website which has very detailed guidance on how to comply with this new duty.”
