Understanding the New Sexual Harassment Legislation: What Employers Need to Know

New sexual harassment legislation will come into effect on October 26th, 2024. This legislation will entail a new set of rules that will reshape how employers across the UK are expected to handle sexual harassment in the workplace. The Worker Protection (Amendment of Equality Act 2010) Act introduces a statutory duty on employers to take “reasonable steps” to prevent sexual harassment, with the aim of fostering safer, more inclusive workplaces. This new duty will have broad implications for companies, especially in terms of compliance, prevention, and accountability.

This blog will provide an in-depth look at the upcoming legislation, outline practical steps employers can take to prepare, and answer frequently asked questions to help businesses navigate these changes effectively.

 

What Does the New Sexual Harassment Legislation Entail?

The legislation introduces a preventative duty on employers, meaning they must now be proactive in preventing sexual harassment in the workplace rather than simply reacting to incidents as they arise. This shift moves away from a defensive stance—where employers would only show they took “reasonable steps” to defend themselves against harassment claims—toward a proactive requirement to address issues before they emerge.

The duty applies to all employees, regardless of their role or seniority, and is not limited to colleagues alone; it includes harassment by third parties like clients, customers, and contractors. If a company fails to fulfil this duty, and a tribunal upholds a claim of sexual harassment, the tribunal can increase compensation by up to 25%.

 

 

Key Provisions of the Legislation

Reasonable Steps Duty: Employers must demonstrate that they have taken “reasonable steps” to prevent sexual harassment. This includes creating policies, conducting regular training, and setting up proper reporting mechanisms.

Third-Party Harassment: While the initial draft proposed reintroducing third-party harassment protection (removed in 2013), the final legislation does not require employers to be liable for third-party harassment claims. However, they still have a general duty to safeguard employees from harassment in all forms​.

Uplift in Compensation: Tribunals will now have the power to increase compensation by up to 25% if they find that an employer failed to meet the reasonable steps duty.

Employee Education and Training: There is a significant emphasis on educating the workforce, ensuring that employees know what constitutes harassment and how to report it. Employers are expected to provide up-to-date and effective training for all staff​. 

Why is the Harassment Legislation Significant?

Sexual harassment has long been a critical issue in the workplace, but incidents are often underreported due to fear of retaliation or the belief that complaints will not be addressed adequately. Recent media coverage of high-profile harassment cases has highlighted how organisations can suffer significant reputational and financial damage when they fail to act appropriately​.

The new legislation addresses this by placing the onus on employers to prevent harassment from occurring in the first place. This represents a more holistic approach, ensuring that businesses take an active role in creating safe environments for their employees.

 

What Does “Reasonable Steps” Mean for Employers?

“Reasonable steps” is a key phrase in the legislation, but it leaves room for interpretation. Employers will be required to demonstrate that they have taken adequate actions to prevent harassment. Here are some examples of what reasonable steps could include:

  • Implementing Comprehensive Policies: Employers should have clear and accessible anti-harassment policies in place. These policies should outline acceptable behaviour, provide examples of harassment, and detail the steps employees can take if they experience harassment. It’s also important to clearly state the consequences for those found guilty of harassment​.
  • Training: It’s not enough to just have policies in place—employers need to educate their workforce. Regular training sessions on harassment, dignity at work, and bystander intervention can help employees understand their rights and responsibilities. This training must be more than a one-off session; it should be a regular feature and updated to reflect new case law and social attitudes​.
  • Effective Reporting Mechanisms: Employers should establish confidential and easily accessible reporting channels. Whether it’s through HR or a third-party service, employees need to feel safe when reporting incidents of harassment. Employers should also track complaints to spot patterns of behaviour that might otherwise go unnoticed.
  • Investigating Complaints: Prompt and thorough investigations are essential. Employers should follow clear procedures that ensure fairness and transparency for all parties involved. If disciplinary actions are required, they should be consistently applied to show that the company takes these issues seriously​.

 

Frequently Asked Questions

Q: How does the new law differ from previous harassment laws?

A: Previously, employers could only defend themselves against claims by showing that they took “all reasonable steps” to prevent harassment after an incident occurred. The new law requires employers to take proactive steps to prevent harassment before it happens, representing a shift from reactive to preventative measures.

Q: Are employers responsible for harassment by third parties like customers or clients?

A: The final version of the legislation does not reintroduce the specific duty to prevent third-party harassment. However, employers still have a general duty to protect employees from all forms of harassment, and third-party incidents could be considered under this broader responsibility​.

Q: What happens if an employer fails to meet the reasonable steps duty?

A: If a tribunal finds that an employer did not take reasonable steps to prevent sexual harassment, it can increase compensation by up to 25%. This can represent a significant financial penalty for non-compliance​.

Q: What qualifies as sexual harassment?

A: Sexual harassment is defined as any unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This includes, but is not limited to, inappropriate jokes, touching, sexual propositions, and explicit messages​.

How Can Employers Prepare?

With the new law taking effect in October 2024, businesses should start preparing now. Here’s a step-by-step guide for employers:

  1. Review and Update Policies: Employers should review existing policies on harassment and bullying to ensure they align with the new requirements. It is critical that these policies are clearly communicated to all employees.
  2. Conduct Regular Training: All employees, including managers and senior leaders, should receive training to ensure that they understand what constitutes harassment, how to report it, and the company’s commitment to preventing it. This training should be updated regularly to remain relevant and effective.
  3. Set Up Reporting Mechanisms: Employers should ensure that employees have clear, confidential channels for reporting harassment. Consider implementing an anonymous reporting system to encourage more people to come forward.
  4. Monitor and Track Complaints: Tracking complaints can help identify behaviour patterns and address systemic issues before they become widespread problems.
  5. Engage Employees: Regular communication with employees about the company’s policies, their rights, and how the company is working to prevent harassment can foster a culture of openness and trust​.

 

The introduction of the Worker Protection Act in October 2024 marks a pivotal moment in employment law, placing a greater responsibility on employers to actively prevent sexual harassment. While some aspects of the legislation may have been watered down, such as the removal of third-party harassment protections, it remains a critical step in fostering safer, more inclusive workplaces. By taking proactive measures now, employers can not only avoid legal and financial penalties but also create a more supportive and respectful environment for all employees.

Employers who fail to act may find themselves facing increased financial penalties, loss of reputation, and a disillusioned workforce. Now is the time for companies to review their policies, invest in training, and ensure that all employees feel safe and respected at work.

 

To support your business with the upcoming change in legislation, we’ve done the heavy lifting and created a sexual harassment policy and risk assessment bundle.

We’ve outlined your company’s commitment to fostering a safe, respectful, and inclusive work environment where harassment will not be tolerated. You can use this policy to define what constitutes sexual harassment, outline the responsibilities of both management and employees in preventing it, and detail the procedures for reporting and addressing incidents. We’ve spent the time, so you don’t have to. Take a look and access the bundle here.

You can also access our Dignity at Work Training by clicking on the image below.

 

 

Dignity at Work Training<br />
Kate Underwood HR

Navigating Christmas annual leave can be challenging for small businesses, but now is the time to tackle it head-on. With the festive season just around the corner, many companies are planning their holiday policies for the upcoming Christmas period. This year, due to the placement of the bank holidays, a common approach is to allow employees to take up to five days of leave to bridge the gap between Christmas and New Year. However, flexibility is key, especially for businesses with varied operations and employee needs. 

Managing Christmas Annual Leave

Here are some strategies for managing leave over the Christmas period, ensuring minimal disruption while supporting your employees:

1) Offer Flexible Leave Options

Rather than mandating a full five-day leave deduction, consider offering employees the option to take fewer days, depending on their individual leave balance. This provides flexibility for both the business and your workforce.

2) Borrowing from Next Year’s Allowance

For employees who do not have enough leave to cover the period, allow them to borrow days from their next year’s allowance. This gives them the ability to enjoy the full break without impacting operations or personal leave planning.

3) Unpaid Leave as an Alternative

Some employees may prefer not to borrow leave or may have exhausted their entitlement. Offering unpaid leave for the closure period is a simple, cost-effective solution that allows them to take time off without using future leave. 

HR Health Check Kate Underwood HR
Share This