Duty to prevent sexual harassment in the workplace

On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force. The act imposes a mandatory duty on employers to take reasonable steps to prevent harassment of employees in the course of their employment.

Reports suggest that sexual harassment in the workplace is a big, and underreported, problem. A recent Trade Union Congress Survey of over 1000 women found that 3 in 5 women surveyed had experienced sexual harassment at work. Only 1 in 3 women reported sexual harassment to their employer and 1 in 5 women have reportedly left their employment as a result of being sexually harassed.

Further, the Government Equalities Office 2020 report found that 29% of the 12,000 people surveyed had experienced sexual harassment in the workplace in the last 12 months. Only 15% of those reported it.

These survey results show that a change was needed to further protect employees in the workplace from sexual harassment.

The new duty on employers is to take reasonable steps to prevent sexual harassment in the workplace. What is ‘reasonable’ will be determined by various factors including the size of the employer, the resources available to the employer and the sector they operate in.

Identifying and mitigating risks

Employers should consider the risk of sexual harassment occurring in the workplace and consider what steps it can take to reduce those risks. The focus of the new duty is on preventative action. Employers must look at areas where they consider workers may experience sexual harassment, and take steps to prevent this. Factors which suggest a greater risk include a history of sexual harassment complaints, where a worker is lone working or working after hours, or where there is a power imbalance.

The Equalities and Human Rights Commission (EHRC) has produced technical guidance, and an eight step guide to preventing sexual harassment at work. The steps outlined are stressed not to be exhaustive but they set out the following:

Developing an effective anti-harassment policy and clearly communicate this to the workforce;

• Engaging with staff to identify and report sexual harassment;
• Assessing and taking steps to reduce workplace risk, using risk assessments;
• Reporting, including having clear reporting procedures;
• Training staff to identify how sexual harassment can be recognised and prevented;
• Handling harassment complaints;
• Dealing with third party harassment, and
• Monitoring and evaluating actions on a regular basis.

It is vital that employers recognise the seriousness of sexual harassment and the effects it can have. The EHRC will have both investigative and enforcement powers in respect of employers who have breached the preventative duty.

Under the new rules, Employment Tribunals can award an uplift to compensation by up to 25% in cases where sexual harassment has occurred and the employer cannot show that they have complied with the new duty.

It is crucial that employers act now and engage with the guidance published by the EHRC and recognise that there is no transition period.

It is worth noting that the recently published Employment Rights Bill seeks to extend this duty even further and will introduce in due course a requirement for employers to take all reasonable steps to prevent sexual harassment in the workplace. Taking action now to ensure compliance and carrying out risk assessments is therefore recommended, as the duty will become more onerous.

Next steps and further support

The new legislation shifts the focus from redress to prevention and places a duty on employers to take proactive steps to prevent sexual harassment in the workplace. Employers need to take action now to ensure compliance with this new legislation. For more information watch our webinar: Brachers Bitesize: Sexual harassment in the workplace.

For more in-depth guidance or support to ensure you are compliant, book a free 30-minute consultation with a member of our Employment team today.

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This content is correct at time of publication