From October 2024, new UK legislation will require employers to take proactive steps to prevent sexual harassment in the workplace. This change, introduced under the Worker Protection (Amendment of Equality Act 2010) Act, means that businesses will need to focus on preventing harassment rather than simply reacting to incidents after they happen.
As a business owner, it’s important to understand the implications and ensure you are compliant. Failing to meet this obligation could result in increased compensation of up to 25% if a claim is brought against your company.
Here’s what you need to know and how to stay on the right side of the law.
What is Sexual Harassment?
‘Harassment’ covers unwanted conduct related to a protected characteristic (e.g., gender, ethnicity, religious beliefs, etc.) which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment is unwanted conduct of a sexual nature that has that effect.
What’s Changing?
The new duty places a legal obligation on employers to take “reasonable steps” to prevent sexual harassment. While previous legislation allowed employers to defend themselves by showing they had procedures in place, the focus is now on whether employers have actively worked to prevent harassment. The Equality and Human Rights Commission (EHRC) will also have enforcement powers, including conducting investigations and imposing sanctions on businesses that fail to comply.
What Steps Can You Take?
- Conduct a risk assessment
Identify areas where sexual harassment risks might be higher, such as during social events or in certain departments. Look at your specific workplace dynamics – size, industry, and work environment all play a role in determining risk. Regularly review these risks to stay on top of any new concerns.
- Update your policies
Ensure your anti-harassment policies are up to date and that they clearly define what constitutes sexual harassment. Make sure all employees understand their responsibilities and know how to report issues confidentially. Don’t forget to include third-party harassment from customers or contractors.
- Training
Regular, meaningful training is essential. This should go beyond tick-box exercises and be tailored to your workplace, with real-world examples that resonate with employees. Document attendance and make training an ongoing practice, not just a one-time event. Ensure managers receive additional training to give them the confidence to tackle sexual harassment.
- Foster a Positive Culture
A workplace that promotes dignity, respect, and inclusivity is key. Encourage open dialogue and create a space where employees feel safe to speak up about concerns without fear of retaliation. Active bystander training can be an effective way to build a supportive environment, as can exit interviews and engagement surveys.
Preparing for the Future
As we approach this significant change, businesses that don’t prepare may face not only legal repercussions but also reputational damage. Small businesses are particularly vulnerable, and by taking the right steps now, you can ensure you protect both your employees and your business.
If you’d like more detailed advice on preparing for these changes or need help implementing training or policies, please connect with me on LinkedIn or reach out directly. I’m here to help businesses like yours get these changes right.
