New UK Law Strengthens Protections Against Workplace Sexual Harassment
On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into effect in the UK. This law introduces a crucial change: a proactive duty on employers to take “reasonable steps” to prevent sexual harassment of their employees. This means a significant shift from reacting to harassment to actively preventing it.
Sexual Harassment
What Changes?
While the existing laws against sexual harassment remain, this Act strengthens them by:
- Shifting the Focus: Employers are now obligated to actively prevent sexual harassment, not just react to it.
- Increased Accountability: Employers failing to demonstrate “reasonable steps” to prevent harassment could face up to a 25% increase in compensation awarded by tribunals.
- Enforcement Power: The Equality and Human Rights Commission (EHRC) gains the authority to independently investigate and enforce this new duty. Further details of the consultation are available.
What Employers Should Do:
To comply with the new law, employers should take these key steps:
Risk Assessment:
- Identify potential risks of sexual harassment within your specific workplace.
- Consider factors like power imbalances, remote working environments, social events, company culture, reporting mechanisms, and diversity & inclusion practices.
- Regularly review and update your risk assessment to address evolving workplace dynamics.
Robust Training:
Implement regular, engaging, and tailored training for all employees on preventing sexual harassment.
- Provide specialised training for managers and supervisors on their roles in identifying, addressing, and preventing harassment.
- Keep records of employee training attendance.
Comprehensive Policies and Procedures:
Update and clearly communicate your organization’s policies on:
- Anti-discrimination and harassment
- Diversity, equity, and inclusion (DEI)
- Disciplinary procedures
- Grievance procedures
- Ensure these policies clearly define sexual harassment, provide reporting mechanisms, and outline consequences for violations.
Foster a Culture of Respect:
- Encourage open communication and reporting.
- Create a workplace where employees feel safe reporting harassment without fear of retaliation.
- Take all reports seriously and conduct prompt and thorough investigations.
How Tick HR Solutions Can Help
Navigating these new legal requirements can be complex. Tick HR Solutions can provide expert support to ensure your organisation remains compliant and fosters a safe and respectful workplace. Our services include:
- Policy Development and Review: We can help you create comprehensive and legally sound policies tailored to your organisation’s specific needs.
- Training Programs: We offer engaging and effective training programs for employees at all levels, covering topics like identifying and preventing sexual harassment, bystander intervention, and creating a respectful workplace.
- Risk Assessment and Mitigation: Our HR experts can conduct thorough risk assessments to identify potential vulnerabilities in your workplace and develop strategies for mitigation.
- Investigation Support: We provide guidance and support throughout the investigation process, ensuring fairness, confidentiality, and legal compliance.
By partnering with Tick HR Solutions, you can confidently meet your legal obligations under the new law while cultivating a workplace culture that prioritises respect, safety, and inclusion for all employees.
