Regulator warns firms of new duty to protect workers from sexual harassment
From next month, employers must take reasonable steps to prevent sexual harassment of their workers, the Equality and Human Rights Commission (EHRC) has warned.
The EHRC has published updated guidance today on the steps employers could take to prevent sexual harassment in the workplace.
The update follows a change to the law made by the Worker Protection (Amendment of Equality Act 2010) Act, which will have effect from 26 October 2024.
The Act will introduce new legal duty on employers to take reasonable steps to prevent sexual harassment of their workers. Previously, there was no proactive legal obligations.
Some of the actions recommended to employers in the guidance include developing an anti harassment policy, regular risk assessments and being proactively aware of what is happening in the workplace.
The new law also includes the ability for compensation in sexual harassment claims to be increased. This will mean that if the Employment Tribunal finds a worker has been sexually harassed, it must consider whether the preventative duty has been met.
If not, the employer can be ordered to pay an additional 25 per cent (maximum) compensation.
The change in legislation also gives the EHRC power to take enforcement action where there is evidence of organisations failing to take reasonable steps to prevent sexual harassment.
Commenting on the update, chairwoman, Baroness Kishwer Falkner stated that “sexual harassment continues to be widespread and often under-reported. Everyone has a right to feel safe and supported at work.”
“Employers will need to take reasonable steps to safeguard their workers,” she warned.
What are lawyers saying?
Emma Bartlett, partner at CM Murray, explained that “the current accusations now being made against alleged ‘enablers’ at Harrods at the time that Al Fayed is alleged to have sexually harassed (and assaulted) are good examples of matters that would impact an employer’s risk assessment.”
While Kevin Poulter, partner at Freeths noted that “although there has long been protection in place for workers, the new law shifts greater responsibility on to employers to actively prevent sexual harassment from taking place.”
Beth Hale, partner at CM Murray, highlighted that “the draft new guidance provides some examples of what may and may not constitute reasonable steps, but this will largely be left to the discretion of the employer.”
“In advance of the introduction of the new duty, employers should be carrying out risk assessments and address specific risk factors, including power dynamics, stressful late-night work, and drinking during company functions, in that assessment,” Hale added.