New legislation on sexual harassment is now enacted, significantly altering employer responsibilities.
- Effective 26 October 2024, UK law demands that employers take ‘reasonable steps’ to prevent workplace sexual harassment.
- The Worker Protection Act 2023 introduces a 25% penalty uplift on compensation for non-compliance.
- Employers need to prepare for potentially increased claims during the festive season.
- Eight strategic actions are recommended by the Equality and Human Rights Commission to mitigate risks.
A pivotal change in UK employment law took effect on 26 October 2024, compelling employers to adopt more stringent measures against sexual harassment in the workplace. This legislation, part of the Worker Protection (Amendment of Equality Act 2010) Act 2023, imposes a proactive duty on employers to prevent harassment and extends these responsibilities to interactions involving third parties, such as clients and customers.
The law enforces a new penalty system, introducing a potential 25% uplift on any awarded compensation in cases where employers fail to adequately implement preventive steps against sexual harassment. This legislative shift is expected to increase claims, particularly during periods such as the Christmas party season, where alcohol consumption may catalyse inappropriate conduct.
To support compliance, the Equality and Human Rights Commission (EHRC) has outlined eight essential steps for employers. These include developing comprehensive anti-harassment policies, engaging staff in understanding and reporting harassment, and conducting thorough risk assessments. Employers are advised to limit alcohol consumption at work events and ensure clear guidelines are communicated regarding acceptable behaviour.
Laura Donnelly from Martin Searle Solicitors highlights the significance of these changes, noting the legislation’s role in fostering a culture of respect and accountability. She emphasises the importance of these measures in protecting all workers from sexual harassment, reinforcing that the new legal framework aims to balance the protection of employees with fairness towards employers against unwarranted claims.
Fiona Martin of the same legal team stresses the need for diligent implementation of preventive steps to cultivate an inclusive and safe workplace environment. She advises swift, fair responses to harassment complaints, potentially involving law enforcement, and careful use of settlement agreements where justified.
The EHRC’s steps encompass effective policy creation, staff engagement, risk assessment, anonymous reporting systems, regular training, prompt complaint handling, management of third-party harassment, and continual monitoring and evaluation. These measures are designed to ensure a work environment where all individuals feel secure and validated.
Employers must urgently adopt the recommended measures to comply with the new sexual harassment law and ensure workplace safety and respect.
