From 26th October 2024, all employers in the UK will have a mandatory duty to take 'reasonable steps' to prevent sexual harassment of their employees in the course of their employment.
The Equality and Human Rights Commission ('EHRC') have updated their existing technical guidance on sexual harassment to include this preventative duty. Within this blog we highlight the main aspects of the EHRC's updated guidance that employers should be aware of:
- The preventative duty is an anticipatory duty where employers are to take proactive measures to prevent sexual harassment of their workers. Essentially, employers should undertake risk assessments and analyse situations where sexual harassment has happened before to mitigate the risks of any future occurrence;
- The provided guidance has outlined what would be considered 'reasonable' and this will vary from employer to employer, with different factors that can be taken into consideration when determining the reasonableness of any steps. These factors include (but are not limited to) the employer's size, resources, the sector it operates in, the nature and risks in the workplace, the types of third parties that workers may have contact with and the likelihood of workers coming to contact with those third parties;
- The proactive measures also include a duty on employers to take reasonable steps to prevent sexual harassment by their employees and by third parties e.g. clients and customers;
- The guidance clarifies that an employer's duty only applies to sexual harassment and not harassment related to another protected characteristics such as race or religion;
- If an employer does not comply with the preventative duty, there are potential consequences including potential enforcement action from EHRC. This enforcement action includes the following:
- the ability to investigate an employer;
- issue an unlawful action notice if the employer is or has been subject to an investigation;
- enter into a legally binding agreement with an employer to prevent future unlawful acts;
- ask the Court for an injunction to restrain an employer from committing an unlawful act.
Another potential consequence for breaching the preventative duty is that an increase of up to 25% can be awarded by Employment Tribunals to any sexual harassment compensation.
With the new legislation coming into force soon, employers should start thinking about this new duty and the necessary safeguards that they can put in place to demonstrate compliance.
With the above in mind, we advise employers consider the following steps:
- Have reporting mechanisms in place for any potential complaints;
- Update policies and procedures so that they are compliant with the new duty;
- Have regular training sessions with employees specifically about sexual harassment in the workplace to ensure that your workforce is educated on the topic.
Prepare your business for the upcoming legislation and let our team of expert Employment Law specialists provide the assistance you need for all your employment matters. We offer tailored solutions that can make a real difference for your business, providing clarity and peace of mind. Call us today at 0141 221 1919 for guidance. We understand that every business is unique and are committed to delivering solutions that meet your needs.
