From October 2024, employers will face a new statutory obligation to take reasonable steps to prevent sexual harassment in the workplace. This is a significant new duty for employers who must now be proactive in their steps to remove sexual harassment.
We share our advice on what employers should be doing to ensure they comply with their new proactive obligation.
What is sexual harassment?
Sexual harassment is any form of unwanted conduct which has a sexual nature which leads to a hostile environment being created or has the effect of violating the individual’s dignity. Whether the individual intended for their behaviour to have that effect is irrelevant. For that reason, in some cases, workplace ‘banter’ of a sexual nature has been deemed to satisfy the definition of ‘sexual harassment’.
What if an employer breaches this duty?
A breach of this duty by an employer will allow tribunals to uplift the compensation afforded to an employee by 25% where it is found that an employer has not taken reasonable steps. This could lead to an expensive compensation payment for an employer where an employee has successfully claimed numerous incidents of sexual harassment. The EHRC will also have the ability to enforce this duty through undertaking investigations into workplace practices.
What should employers do now?
1. Update your HR policies to ensure your harassment policy is up to date. This includes providing an explanation of what amounts to sexual harassment and what behaviour is expected from employees in the workplace. It may be sensible to lay out specific examples of behaviour which could amount to sexual harassment.
2. Provide training to all employees to ensure they understand how these policies should be applied in practice. Educate all employees on how they can help ensure a workplace free from sexual harassment. Provide regular training updates to remind employees regularly of your expectations of them.
3. Ensure there is a complaints system in place to keep a record of any incidents and to ensure a rigorous investigation is carried out where any complaint is brought forward. Be consistent and thorough in dealing with any of these complaints.
4. Monitor and review the application of any sexual harassment policies. Consider carrying out risk assessment and workplace audits to review the success of any policies.
5. Maintain open and transparent communication in the workplace to ensure that employees feel comfortable to bring forward any concerns or complaints.