The New Duty to Prevent Sexual Harassment: A Comprehensive Overview

The New Duty to Prevent Sexual Harassment: A Comprehensive Overview

A new duty to take ‘all reasonable steps’ to prevent sexual harassment has been introduced for employers by the UK government, marking a significant step forward in improving workplace safety and equality. These changes come into force on 26^th October 2024.

This move aims to bolster the rights of employees and to hold employers more accountable in preventing harassment. The legislation signals a clear message from the Government that sexual harassment has no place in modern workplaces, and companies must put stronger measures in place to protect their staff.

The Worker Protection (Amendment of Equality Act 2010) 2023 will give Employment Tribunals the power to uplift compensation by up to 25% where an employer is found to have breached this new duty.

So, what does the new duty entail, why does it matter and how it will impact workplaces across the UK?

Background

The Equality Act 2010 says someone sexually harasses another person if they:

• Engage in unwanted conduct of a sexual nature and
• The conduct has the purpose or effect of either violating the other person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Sexual harassment in the workplace has long been a pervasive issue, not only in the UK but globally. A significant number of women and men have experienced unwanted sexual conduct at work, with many incidents going unreported due to fear of retaliation or not being taken seriously. High-profile movements such as #MeToo brought these issues to the forefront, highlighting systemic failures in addressing workplace harassment.

In response to these concerns, and after extensive consultations, the introduction of the new sexual harassment legislation marks a shift in how the law approaches such misconduct in the workplace.

Key Provisions of the Legislation

• New Employer Duty to Prevent Sexual Harassment: The cornerstone of this legislation is the new duty placed on employers to prevent sexual harassment in the workplace. This duty requires employers to take ‘all reasonable steps’ to prevent harassment, before it occurs. This includes implementing policies, providing regular training to all staff, fostering a culture of respect, and encouraging early reporting and action.
• Third-Party Harassment Protections: One of the significant changes which this law is bringing in, is the reintroduction of protections against ‘third-party harassment’. Previously, the law did not adequately cover harassment by individuals who were not employees (such as clients, customers, or suppliers). Under the new rules, employers are required to protect their staff from harassment by third parties, making it clear that a safe workplace is the responsibility of all who interact with it. This duty will also apply in respect of workplace events held off-site.
• Increased Employer Accountability: The new duty gives Regulators and courts more power to hold employers accountable if they fail to take proactive measures to prevent sexual harassment in the workplace. Companies which don’t take reasonable steps to prevent harassment could face greater liability. This provision emphasizes that reactive responses are no longer enough—prevention is key.
• Longer Time Limits for Claims: Currently in the UK, victims of workplace harassment have three months in which to file a claim with the Employment Tribunal. The new legislation extends this time limit to six months, allowing victims a longer period to come forward and consider lodging a claim. This change recognises that many individuals may need more time to report incidents due to trauma, fear, or uncertainty.

Why the Legislation is Important

The introduction of these laws reflects the growing recognition of the serious impact that workplace harassment can have on an individuals’ mental health, career progression, and overall well-being. It also highlights the economic impact on businesses, including a loss of productivity, higher employee turnover, and damage to organizational reputation.

Moreover, the legislation aligns with the broader cultural societal shift with regards to harassment and discrimination. As societal awareness grows, employees increasingly expect their workplaces to be safe, inclusive, and respectful spaces. The government’s intervention ensures that all businesses, regardless of their size, must prioritize these values.

How Employers Can Prepare

The new legislation requires more than just a box-ticking approach to compliance and employers need to take meaningful and proactive actions to prevent harassment in the workplace. Leaders should demonstrate clearly the behaviours that are expected from their employees and ensure that action is taken promptly when issues arise.

Here are steps they should consider:

• Review and Update Policies: Employers should ensure that their anti-harassment, EDI and disciplinary & grievance policies and practices are up to date, reviewed regularly and clearly communicated and fully understood by all employees.
• Risk Assessment: Employers should ensure that they have ‘risk assessed’ their business to identify how, where and when harassment could take place, what reasonable steps they can take to reduce the risks and how to implement them. The Equality and Human Rights Commission (EHRC) have recently published technical guidance on sexual harassment in the workplace to assist employers.
• Provide Regular Training: All staff, including management, should receive regular, tailored training on sexual harassment and their rights and responsibilities.
• Create a Reporting Culture: Employers must create a safe and supportive environment where employees feel comfortable reporting harassment without fear of retaliation. They should ensure that reporting mechanisms are clear and accessible to all so that employees have clarity about how to voice a complaint and what to do if they witness this behaviour. Employers should ensure that all staff, including agency workers and self-employed contractors are aware of the businesses’ expectations and policies.
• Monitor and Evaluate: Regular assessments and audits of workplace culture, policies, and incidents can help ensure that employers are proactive in addressing any potential issues.

Impact on Employees

For individuals, the new legislation provides greater protection and assurance that their workplace will be a safer environment. The extended time limits for claims also provide a much-needed buffer, allowing individuals to process their experiences and to seek justice when ready to do so.

Conclusion

Employers are vicariously liable for sexual harassment committed by their employees in the course of their employment and they need to ensure that they take a proactive and preventative approach.

The new duty is a crucial step in safeguarding workers’ rights and promoting a culture of respect and inclusion. As it reshapes the landscape of workplace behaviour, it is likely to have far-reaching consequences for businesses and employees alike. Employers must act quickly to ensure compliance, while employees can feel more empowered to speak out against harassment.

Contact us

For more information and guidance on your new duty to prevent sexual harassment in the workplace, including how we can support you with training for both your employees and managers, please contact a member of the GatekeeperHR team on gatekeeperteam@rixandkay.co.uk. or call us on 01825 744462.