Changes to sexual harassment in the workplace
From October 26th new laws will come into force preventing sexual harassment in the workplace and employers need to be aware of their upcoming responsibilities, or face tougher Employment Tribunal claims.
New legal duty for employers to take ‘reasonable steps’ to actively prevent sexual harassment within their businesses.
Worker Protection Act 2023
This new law, the Worker Protection (Amendment of Equality Act 2010) Act 2023 significantly shifts employer responsibilities requiring proactive measures to stop harassment, rather than merely responding to complaints after they arise.
These measures could include:
- implementing clear anti-harassment policies
- providing regular staff training
- conducting workplace risk assessments
- ensuring robust reporting procedures for incidents of harassment
- third-party harassment: Although the Act doesn’t explicitly impose a duty to prevent harassment by third parties (like customers or clients), employers are encouraged to take steps to protect employees from such incidents. This can include visible signs in public areas and policies addressing third-party interactions
“This really is a big change and the law represents a shift from reactive to preventative workplace protections and holds employers more accountable for creating safe environments, what one person considers workplace banter, to another is harassment.” says Pearson Solicitors, Employment Law Solicitor Carley Dhand.
What is sexual harassment at work?
Sexual harassment in work is something staff of any gender identity or sexual orientation can experience day to day in the workplace and although most people expect it to be an in person issue it can also be online, via social media, or in emails.
It must also be noted that sexual harassment is not only a one off issue for employers to tackle but can also be an ongoing pattern of offensive unwanted behaviour that is intimidating, degrading and humiliating, as well as violating someone's dignity.
Although the forthcoming law does not provide a detailed definition of what constitutes reasonable steps, employers are encouraged to address various factors, consider the size of their company, the workplace environment, and have workplace policies tailored to the specific risks of each different workplace, as well as assessing the likelihood of interactions with third parties like customers or clients.
Sexual harassment at work compensation
If an employer fails to meet this duty and an employee successfully brings a sexual harassment claim, the Employment Tribunals can under the new laws increase compensation by up to 25%.
“Previously, employers were mainly reactive, responding to incidents when they arose. Now, they are required to take reasonable steps to stop harassment from happening in the first place and to prove that they have done so, or face larger penalties at the Employment Tribunal,” warns Carley Dhand.
“This involves ensuring policies, training, and reporting systems are in place to safeguard employees and I would urge anyone running a business to make sure their policies are up to date and if not to get in touch with us as soon as possible.”
“All employers have a duty of care and some of the high profile public cases of sexual behaviour and institutionalised attitudes in large organisations show just how much needs to change. Anyone who employs staff, from 1 – 100+ now needs to understand their obligations to prevent sexual harassment and the potential fallout if they fail,” Carley adds.
How can we help?
For legal advice on all aspects of employment law, including workplace policies or sexual harassment claims contact our employment law solicitors on 0161 785 3500 or enquiries@pearsonlegal.co.uk
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