From 26 October 2024, all employers will be under a new positive duty to take ‘reasonable steps’ to prevent the sexual harassment of their employees. Are you ready for the change? 

What’s it all about?

Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, all employers will be under a positive duty to take ‘reasonable steps’ to prevent sexual harassment in their workplace. The Equality and Human Rights Commission (EHRC) will have the power to enforce this measure. Furthermore, and perhaps more significantly, if an employee brings a successful sexual harassment claim in the Employment Tribunal and can show that their employer has failed to take ‘reasonable steps’ to prevent sexual harassment, that employee’s compensation can be increased by up to 25%. 

What is ‘reasonable’ will vary from employer to employer and will depend on factors such as their size and resources, their sector, their working environment and the types of ‘third parties’ their workers come into contact with (if any). 

The EHRC’s 8-step guide suggests all employers ought to be considering the following:

1. Effective anti-harassment policies - Having a clear and regularly updated policy specifically dealing with sexual harassment, which applies to all staff, that clearly sets out what conduct is unacceptable, a ‘zero-tolerance’ approach to such conduct (if appropriate), how staff can report inappropriate conduct, the process that will be followed and the support available for victims and those who report it.

2. Staff engagement – Implementing regular one-to-ones, running staff surveys and exit interviews and having open-door policies.

3. Risk assessment and reduction – Carrying out a risk assessment and conducting regular staff surveys to ascertain the extent of the potential problems within the business, identifying any risk area (both internally and in relation to contact with third parties).

4. Reporting – Encouraging the reporting of sexual harassment, by having effective reporting mechanisms and complaints procedures.

5. Staff training – Providing relevant mandatory training for all staff (e.g. what amounts to sexual harassment, expected standards of behaviour, how to complain etc), with additional training for managers on how to handle sexual harassment complaints.

6. Complaints handling – Implementing effective procedures for the investigation of complaints. Complaints should be dealt with promptly, effectively and sensitively. Complainants and witnesses should be appropriately supported and perpetrators should be sanctioned.

7. Dealing with third-parties – Taking effective measures to minimise the risk of sexual harassment by third parties.

8. Monitoring and evaluating– Regularly evaluating the effectiveness of the steps taken to prevent sexual harassment and implementing any necessary improvements.

Need a hand?

It's important to bear in mind that there is no ‘one size fits all’ solution to successful compliance with this new legal obligation. Instead each business needs to carefully think through and devise its own strategy. If you need help working out where to start, please get in touch.

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