The UK has introduced a new legal duty on employers to prevent sexual harassment in the workplace, highlighting a significant legal shift.
- Historically, legal frameworks like the Equality Act 2010 have been reactive, urging employers to prevent harassment without mandating proactive measures.
- Employers are now required to enforce policies, train staff, and foster a culture of respect to comply with the new duty.
- Failure to comply can lead to legal, financial, and reputational repercussions, making compliance critical for employers.
- The Equality and Human Rights Commission (EHRC) plays a crucial role in guiding employers to meet these new obligations.
In recent years, there has been a growing demand for stronger workplace protections against sexual harassment, fuelled by movements such as #MeToo and increased public awareness of the issue. In response, the UK government has introduced a new legal duty compelling employers to prevent sexual harassment proactively, rather than merely responding to incidents once they occur.
Previously, under the Equality Act 2010, sexual harassment was addressed as an unwanted conduct violating an individual’s dignity, with employers being held liable only if it was proven they failed to take “all reasonable steps” to prevent such conduct. This often resulted in organisations adopting reactive measures like anti-harassment policies and training, which critics argue were insufficient.
The new duty mandates employers to demonstrate proactive measures to prevent harassment. This includes enforcing robust policies, conducting targeted training, and promoting a culture of respect. The obligation extends to adjusting these measures based on organisational size and resources, thereby embedding anti-harassment practices within the structural framework of the company.
Non-compliance poses significant risks as employers could face unlimited financial penalties if harassment claims succeed, alongside enforcement actions by the Equality and Human Rights Commission (EHRC). Thus, ensuring adherence to these duties is vital for safeguarding both organisational reputation and financial standing.
The EHRC’s role is pivotal, providing updated guidance to assist employers in compliance. Employers are encouraged to carry out risk assessments to preempt any potential harassment scenarios. The guidance, which is being revised, will clarify various aspects such as managing third-party interactions and defining acceptable ‘reasonable steps’ for different organisational contexts.
This shift towards proactive prevention of sexual harassment heralds a new era in workplace responsibility, urging employers to foster safer environments.
