7th November 2023 3 MIN READ •Employer advice
We have partnered with Keelys Solicitors to bring you the latest news, tips, and advice on Employment Law
The Worker Protection (Amendment of Equality Act 2010) Act 2023, which received Royal Assent on 26 October 2023, introduces a significant new duty on employers to take reasonable steps to prevent sexual harassment of their employees and workers in the workplace. This new law comes into force in October 2024, giving HR managers a year to prepare.
Key provisions of the act
The Act amends the Equality Act 2010 by introducing a new section 40A, which imposes a duty on employers to take reasonable steps to prevent sexual harassment of their employees and workers. The duty applies to all employers, regardless of their size or sector.
The Act also gives employment tribunals the power to increase compensation by up to 25% if an employer is found to have breached the new duty to prevent sexual harassment.
The original wording also imposed a duty to prevent sexual harassment by third parties. This might have included customers or suppliers. The House of Lords removed this further duty as the legislation went through parliament as too onerous and unworkable. However, it would still be prudent to take action to prevent any sexual harassment in the workplace by third parties.
Implications for HR managers
The new duty to prevent sexual harassment places a significant responsibility on HR managers. They will need to implement appropriate measures to prevent sexual harassment from occurring in the workplace and take prompt action to address any incidents that do occur.
Recommendations to prevent sexual harassment at work
HR managers should take the following steps to comply with the new duty:
1. Develop and implement a clear and comprehensive sexual harassment policy
This policy should define sexual harassment, explain how to report incidents, and outline the disciplinary consequences for anyone found to have subjected any other person to sexual harassment.
2. Carry out a risk assessment
This should identify risks relating to workplace roles and circumstances, and should consider what protective measures can be taken. Roles with frequent interaction with third parties may be at higher risk, so consider tailored steps to reduce risk. This should include listening to employees about their experiences and what measures they believe would make a difference.
3. Provide training to all employees on sexual harassment
This training should cover the definition of sexual harassment, how to recognise it, and how to report it. Situational training should be included, with examples of harassment, including harassment by third parties. Training should emphasise support and give guidance on how to safely intervene.
4. Create a workplace culture that is open and respectful
Encourage employees to speak up if they feel harassed or uncomfortable. Create a supportive environment for victims of sexual harassment.
5. Take prompt action to investigate any allegations of sexual harassment
This may involve conducting interviews, gathering evidence, and taking disciplinary action against anyone found to have engaged in sexual harassment. Take prompt legal advice at an early stage.
6. Keep records of all sexual harassment complaints and investigations
This information may be needed if an employer is challenged on its compliance with the new duty.
How to prepare?
The new duty to prevent sexual harassment is a significant step in protecting employees from this harmful behaviour. HR managers play a critical role in ensuring that employers comply with the new duty and that all employees feel safe and respected at work.
By taking proactive steps to revise policies, provide education, and promote a culture of respect, HR managers can safeguard their employees and uphold the spirit of the Act. It is a crucial moment for HR to lead the way in creating workplaces free from sexual harassment, fostering a more inclusive and safer environment for all employees.
Guest content provided by Keelys Solicitors. Written by: Ian Pettifer, Solicitor, Keelys LLP
Introducing…
Book a FREE recruitment review…
If you’d like a little further help in managing your hiring budget, why not book a FREE free recruitment review? Our review is completely focused on talent attraction and comes without any obligations…
Here’s what you can expect:
- Best recruitment advertising for your industry
- Talent attraction best practice
- How effective your current recruitment job ads are
- How candidates view your candidate journey
- Employer branding advice & suggestions
- Best practice and top tips
