New Sexual Harassment Legislation: Are You Prepared?

Quick overview

• New Legislation: The Worker Protection (Amendment of Equality Act 2010) Act 2023 takes effect from 26 October 2024, placing new legal duties on employers to prevent sexual harassment.
• Definition of Sexual Harassment: Includes any behaviour of a sexual nature that violates someone’s dignity or creates a hostile, degrading, or offensive environment, regardless of intent.
• Preparation Gap: A WorkNest survey reveals only 5% of businesses feel fully prepared for these changes.
• New Employer Responsibilities:
  - Proactive prevention of sexual harassment, not just reactive measures.
  - Responsibility extends to third-party harassment (clients, customers).
• Steps for Employers:
  - Review and update anti-harassment policies.
  - Provide mandatory training for all staff, especially managers.
  - Conduct risk assessments to identify potential issues.
  - Streamline the reporting process for ease of use.
  - Monitor and review policies and procedures regularly.
  - Engage with staff through meetings, surveys, and exit interviews.
• Tamar HR can help: Bespoke sexual harassment training for managers and employees to help businesses comply with the new legislation.

New Sexual Harassment Legislation: Are You Prepared?

From 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will place new legal duties on employers to prevent sexual harassment in the workplace. This significant legislative change introduces a proactive responsibility for businesses to take “reasonable steps” to protect their employees from sexual harassment, marking a critical shift in how workplace harassment must be managed.

Understanding Sexual Harassment
Sexual harassment is any unwelcome behaviour of a sexual nature that:
- violated someone’s dignity, whether it was intended or not
- created an intimidating, hostile, degrading, humiliating or offensive environment for them, whether it was intended or not

This includes behaviours ranging from inappropriate jokes and comments to unwanted advances or physical conduct. Under the new legislation, employers must anticipate scenarios where workers may be at risk of sexual harassment and take measures to prevent such incidents.

Are you prepared?
A recent survey conducted by WorkNest found that only 5% of businesses feel fully prepared for the upcoming changes in sexual harassment legislation. While a further 36% are aware of the changes, they are still in the early stages of preparation, and more than half of the 2000 businesses surveyed acknowledged they still have significant work to do.

This is a concerning statistic, especially considering the penalties involved. If a tribunal finds that an employer failed to take adequate steps to prevent sexual harassment within a discrimination claim, the compensation awarded to the victim can be increased by up to 25%. The Equality and Human Rights Commission (EHRC) has the authority to take enforcement action against organisations that breach this duty.

What Does the New Legislation Mean for Employers?
Under current laws, employers already have a duty to protect employees from harassment. However, the new legislation extends this duty, requiring employers to be more proactive. Instead of reacting to complaints, businesses must anticipate and mitigate the risks of sexual harassment.

Essentially it shifts the focus to prevent sexual harassment occurring in the first place and encourages employers to develop a mindset that sexual harassment is not acceptable from anybody, regardless of their role or seniority within the business.

The legislation also extends to protecting workers from the actions and behaviours from third-parties, including contractors, agency workers and customers.

In short – employers need to do be able to demonstrate that they have done everything possible in order to defend against a sexual harassment claim.

How Can Employers Prepare?
Given the serious financial and reputational risks, it is vital that organisations take immediate action to prepare for the Worker Protection Act. However, many businesses are unsure where to begin.

While the Act does not provide a definitive list of what counts as “reasonable steps,” the EHRC has provided updated guidance: DOWNLOAD

We would suggest that employers start with the following:

1. Review your policies: Start by examining your existing anti-harassment policy. Is it clear and accessible to all employees? Does it include detailed definitions of sexual harassment, guidelines for reporting incidents, and the procedures for handling complaints? Ensure your policy also covers third-party harassment, such as misconduct from clients or customers.

2. Provide mandatory training: A general lack of awareness about workplace harassment remains a common problem in many businesses, with ‘banter’ being described as the number one excuse to this behaviour. Comprehensive training is essential to educate staff about what sexual harassment looks like and the behaviour expected in the workplace. Managers, in particular, need tailored training to help them handle complaints sensitively and effectively.

3. Complete a risk assessment: Identify potential “bad apples” within the organisation who may pose a risk. Evaluate past records of harassment complaints—how were they handled, and what actions were taken? Were any patterns of behaviour identified and addressed? Did the investigation yield any recommendations and were they followed/implemented?

4. Streamline the process: Employees should feel safe and encouraged to report incidents of harassment. Ensure the reporting process is accessible and not overly bureaucratic, which could deter individuals from speaking out.

5. Monitor and review: Ongoing monitoring of policies, training records, complaints, investigations, and workplace behaviour is crucial. Regular audits of your harassment policies and procedures will help ensure your organisation remains compliant with the new legislation. Set dates in your diary to ensure these are reviewed and they are relevant.

6. Engage with staff: Ensure there are regular one-to-one meeting opportunities, staff surveys, and exit interviews in place to monitor workplace culture and identify any warning signs. This will give you the opportunity to monitor and evaluate the effectiveness of your policies and procedures and to ensure they are working, allowing you to make improvements where necessary.

Tamar HR: We are here to help!
For many businesses, navigating the complexities of the new legislation can be overwhelming. That’s where we come in! Among the usual HR advice, we offer bespoke sexual harassment training courses tailored for both managers and employees.

Our training includes:

• A deep dive into what constitutes sexual harassment and how to recognise it.
• What the latest changes in the law mean for businesses
• Guidance on how to handle complaints effectively and fairly.
• Risk assessment techniques to identify potential issues before they arise.
• Practical strategies to create a workplace culture that actively discourages harassment.

We work closely with you to ensure that your business is fully compliant with the Worker Protection Act, while also fostering a safer, more respectful workplace for all employees.

The new legislation is just around the corner, and the penalties for non-compliance can be severe. Contact us to discuss our bespoke sexual harassment training course and ensure that your organisation is prepared for the changes ahead.

Together, we can create a workplace where all employees feel safe, respected, and protected.