Employers duty to prevent sexual harassment at work

Employers have a preventative duty to protect staff from sexual harassment in the workplace and new employment laws have come into effect to make sure the working environment is a safe place for all.

There is now a positive duty on employers to take reasonable steps to prevent sexual harassment in every workplace whether it’s a shop, office, medical premises, and factory or hospitality venue.

Workers Protection Act and sexual harassment

Sexual harassment is defined as unwanted conduct of a sexual nature according to the Equality Act 2010.  This has now been amended by the Worker Protection (Amendment of Equality Act 2010) Act 2023 to include behaviour creating a hostile, intimidating, degrading, humiliating or offensive environment and it is an employer’s legal duty to prevent it.  Any inappropriate comments in the workplace, touching and jokes, which were often passed off in the past as workplace banter is sexual harassment and it’s important to be aware that it does not have to be in person, it can also be a social media, messaging or email.

This preventative duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 only applies to sexual harassment. It does not cover harassment related to a protected characteristic (including sex), or less favourable treatment for rejecting or submitting to unwanted conduct. It also only applies to sexual harassment that takes place during the course of employment.

Employment law advice for businesses

Partner and Employment Solicitor at Pearson, Susan Mayall, says the new guidance puts the onus of responsibility on the employer, but there are several workplace changes they can make immediately to ensure they comply and the first thing is to carry out a risk assessment.

“If employers do not comply with the new rulings they are essentially breaking the law so I would advise them to take it seriously.  Policies are not enough, they need to prove they have taken proactive reasonable steps so I am advising my clients to carry out a risk assessment, have appropriate training, briefings and make sure all bases are covered,” she advises.

“Every business is different and there is not a one fits all approach so I advise clients that the more they tailor training to the reality of their individual workplace the better.

“Employers preventative duty includes not only worker-on-worker harassment, but also any harassment by third parties such as customers, suppliers, clients or patients, so it important to be aware of this,” adds Susan.

Increase in compensation for sexual harassment at work

In addition, if an employer is found to be foul of the laws in the Employment Tribunal and a worker succeeds in a claim for sexual harassment, the tribunal can increase compensation by up to 25% if it considers the preventative duty to have been breached.

“That risk of tribunals increasing the amount of compensation if an individual’s claim of sexual harassment is successful is a very real one, it’s very clear in the new guidance and laws that this is not about box ticking for businesses, compliance is essential, alongside a record of all monitoring and training given,” says Susan Mayall.

Businesses need to also be aware that the laws include behaviour at work-related social events.

“With the Christmas party season upon us I would remind all employers to be aware that the risks of sexual harassment do increase with alcohol and merriment and perhaps when the usual social boundaries are not as clearly defined.”

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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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.