Last Saturday, 26th October, saw the introduction of a new legal duty for employers to take “reasonable steps” to prevent sexual harassment in the workplace under the Worker Protection (Amendment of Equality Act 2010) Act. While designed primarily with women’s safety in mind, this law protects employees of all genders from unwanted sexual conduct at work.
Future updates under the Employment Rights Bill will expand this responsibility, requiring employers to take “all reasonable steps” to prevent harassment, a shift that will undergo consultation and further legislation.
Impact on compensation in employment claims
Employees can now bring claims to the Employment Tribunal if an employer breaches this new duty. Successful claims related to sexual harassment could result in up to a 25% increase in compensation, applicable across all types of awarded harassment damages without a cap. The Equality and Human Rights Commission (EHRC) also has the authority to enforce this law through investigations.
Employers to take ‘reasonable steps’
Since the law is new, it’s uncertain exactly what Tribunals will deem as “reasonable steps,” but following EHRC Guidance is advised. This guidance includes identifying potential risks of harassment, planning reasonable preventative actions, and implementing these actions. Importantly, the definition of “reasonable steps” varies depending on the employer’s specific circumstances and will be objectively assessed on a case-by-case basis.
The emphasis of this duty is on prevention, encouraging employers to proactively address sexual harassment risks and to take swift action if harassment occurs to prevent future incidents. To quote from the EHRC Guidance: “ The sexual harassment preventative duty is a positive and proactive duty designed to transform workplace cultures by requiring employers to take reasonable steps to prevent sexual harassment of their workers. Employers should not wait until an incident of sexual harassment has taken place before they take any action. Employers should anticipate scenarios when its workers may be subject to sexual harassment in the course of employment and take action to prevent such harassment taking place. If sexual harassment has taken place, the preventative duty means an employer should take action to stop sexual harassment from happening again.”
What should employers do next?
Therefore, if as an employer you have yet to address your mind to this new positive duty we would strongly advise that you make a start now. Your first step should be to assess the risks of harassment, sexual harassment and victimisation within your particular organisation and to look at your existing policies and procedures. Providing training to managers who can take the lead on developing or maintaining a health and inclusive culture is also a valuable investment of time.
Do get in touch if we can help you to ensure that you understand your responsibilities. It’s not simply about putting an anti-bullying and harassment policy in place but ensuring too that you are fostering a safer place of work where employees can thrive and in turn this will have a positive effect on staff turnover and the overall productivity of the business.
Please get in touch if you have any questions regarding the issues discussed in this article.
E: help@jma-hrlegal.co.uk / T: +44 (0)1252 821792
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