New prevention law on sexual harassment

As the Worker Protection Act comes into force tomorrow (26) we explore what employers need to do and how to hold yours to account.

Content warning: this material contains references to and discussion of sexual harassment and sexual assault.

Employers are legally bound to guarantee a safe workplace and therefore to prevent sexual harassment as defined in the Equality Act 2010. They are also required to respond well to complaints of sexual harassment so as to challenge and eliminate such behaviour.

The Worker Protection (Amendment of Equality Act 2010) Act 2023 re-iterates that an employer must take reasonable steps to prevent sexual harassment of its employees in the course of their employment. Failure to take proper measures to prevent sexual harassment means that the Equality and Human Rights Commission (EHRC) could bring enforcement action. Further, Employment Tribunals will have the power to increase compensation in successful harassment claims by up to 25% where the employer has failed to comply with this duty.

A ‘preventative duty’

Because this is a ‘preventative duty’, Thompson's Solicitors urges that employers should ensure:

  • Training: workers and managers all have regular training on the definitions and consequences of sexual harassment.
  • Reporting: there should be clear mechanisms for staff to confidently and safely report incidents.
  • Policies: anti-sexual harassment policies should be clear, available and kept up-to-date.
  • Risk assessments: risks to employees should be identified and meaningfully mitigated against.
  • Culture: a working culture should be promoted which fosters safe and healthy relationships and deters would-be harassers.

Technical guidance and eight-step plan

The Equality and Human Rights Commission (EHRC) has updated its Sexual harassment and harassment at work: technical guidance, specifically around the preventative duty. It has also published an eight-step plan to prevent sexual harassment at work:

  1. develop an effective anti-harassment policy
  2. engage staff
  3. assess and take steps to reduce risks
  4. set up a reporting system
  5. training
  6. handling complaints
  7. deal with third party harassment
  8. monitor and evaluate actions.

Although the law doesn't require specific steps, it still states that all employers must take action.

Hold your employer to account

Is your employer up to date on this? How are they making themselves accountable for prevention of sexual harassment or handling complaints? Do they have an existing sexual harassment policy? Who is accountable for enforcing and renewing it? Is sexual harassment data available? Is there training for staff and managers to prevent and respond to sexual harassment?

You can read much more on sexual harassment in Knowledge on PCS Digital. Help make change happen today.

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