Zarah ChoudharyThe Worker Protection (Amendment of Equality Act 2010) Act 2023, or Worker Protection Act, came into force on 26th October 2024, adding an expectation for employers to take reasonable steps to protect staff from sexual harassment.
Employers now have a duty to anticipate when sexual harassment may occur and take reasonable steps to prevent it, and if it occurs, take action to stop it from happening again.
To help steer employers, the Equality and Human Rights Commission (EHRC) released new technical guidance on harassment and sexual harassment at work.
This includes an eight-step guide that outlines some of the key measures that organisations must have in place.
Steps include maintaining up-to-date sexual harassment risk assessments, reviewing and communicating anti-sexual harassment policies, enabling confidential reporting, and implementing robust complaints and investigation procedures.
The EHRC also advised employers to ensure that employees receive regular, meaningful training on the three types of harassment, including, specifically, sexual harassment, and victimisation, to help prevent it from happening.
Organisations found to breach this duty could face enforcement action and fines from the EHRC, as well as a 25% statutory uplift to compensation awarded in sexual harassment claims at employment tribunals.
Minister for Women and Equalities Anneliese Dodds said: “This Government is determined to ensure that we not only Make Work Pay; we also make work safe.
“Too many people feel uncomfortable or unsafe at work due to sexual harassment and we are putting every effort into putting a stop to it.
“The preventative duty is an important step on the journey, and we will continue to improve protections for workers until everyone can thrive.
“The Equality Act provides legal protections against sexual harassment in the workplace.
“Despite this, persistent reports and revelations in recent years indicate that it remains a problem.
“So from today employers will be required to take ‘reasonable steps’ to prevent sexual harassment of their employees.
“We will strengthen this duty through our Employment Rights Bill, which had its Second Reading this week, and will boost economic growth by tackling poor productivity, insecure work and broken industrial relations.”
Guidance for employers on developing appropriate plans and policies has been published by the Advisory Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission.
This includes what behaviour needs to be addressed and how complaints should be handled, to help employers protect their staff and avoid tribunals.
