A landmark legal duty compels employers to take comprehensive measures against workplace sexual harassment, effective from 26 October 2024.
This pivotal change, rooted in the Worker Protection Act 2023, requires proactive strategies to ensure a harassment-free environment, encompassing both internal and external interactions.
Understanding the Preventative Duty
Effective 26 October 2024, employers face a new legal obligation to proactively prevent workplace sexual harassment. This mandate, embedded in the Worker Protection (Amendment of Equality Act 2010) Act 2023, applies exclusively to sexual harassment, differentiating it from other ‘protected characteristics’ under the Equality Act 2010. It is complementary to existing discrimination, harassment, and victimisation protections.
The Equality and Human Rights Commission (EHRC) has issued updated Technical Guidance and an Employer 8-step guide, empowering companies to meet the new duty. This initiative seeks to reshape workplace culture by requiring employers to anticipate and mitigate potential harassment scenarios. It extends beyond internal relations, covering third-party harassment from clients, customers, or the public. Though standalone claims for breaches are not permitted, proven violations can increase compensation amounts.
Defining Sexual Harassment
Sexual harassment is characterised by unwanted conduct of a sexual nature. This behaviour aims to undermine an individual’s dignity, or foster an intimidating, hostile, or degrading work environment. Examples include unwelcome physical interactions, sexual jokes, advances, explicit communications, and sharing graphic imagery.
The new preventative duty necessitates a proactive approach to prevent such conduct. Employers should not wait for incidents to occur and reactively address them. Instead, they are urged to create a comprehensive strategy for identifying and neutralising potential harassment risks, establishing a safe and respectful workplace.
Gathering Information for Risk Assessment
A detailed risk assessment is crucial. Employers must evaluate potential harassment risks, weighing factors like workplace demographics and culture.
Key risk factors include male-dominated environments, acceptance of sexist banter, power imbalances, isolated working conditions, alcohol use, transient workforce, and absence of harassment policies. An ongoing evaluation ensures these risks are mitigated effectively.
,Ultimately, the duty is not static; it requires continuous assessment and adaptation. Employers should regularly review and update their preventive measures to align with evolving workplace dynamics and legal standards.
The Impact of Breaching the Duty
Non-compliance with the new duty can have significant consequences for employers if a Tribunal awards compensation for a sexual harassment claim, they will also consider whether the employer breached the preventative duty. An adverse finding can lead to a compensation uplift of up to 25%, reflecting past and future losses, as well as emotional distress.
Compensation for sexual harassment claims is unlimited, covering loss of earnings and injury to feelings. Thus, ensuring compliance with the preventative duty is not only a legal requirement but also a financial imperative for employers aiming to safeguard their interests.
Preparing for the New Legal Duty
Employers should act swiftly to comply with the forthcoming duty by conducting a comprehensive risk assessment. This involves identifying potential harassment risks and determining appropriate preventative measures.
Promoting awareness is vital. Educating employees about what constitutes sexual harassment, as defined under the Equality Act 2010, is key. Providing relatable examples and fostering a supportive environment encourages understanding and compliance.
The establishment of a zero-tolerance policy on harassment and a robust reporting mechanism is non-negotiable. Employees must feel empowered to report incidents without fear of retaliation, knowing their concerns will be addressed promptly and effectively.
Training and Support Systems
Training tailored to the unique needs of the workplace is essential. This should include guidance on recognising and addressing third-party harassment risks. Keeping records of training sessions and regularly refreshing them is critical.
Employers should be proactive in detecting harassment by observing changes in employee performance or behaviour, such as absenteeism or resignation, which might indicate underlying issues.
In conclusion, fostering a culture of respect and inclusion is crucial. By ensuring managers and leaders exemplify these values, employers can effectively mitigate harassment risks and promote a positive workplace environment.
The new legal duty on employers to prevent workplace sexual harassment marks a significant stride towards safer work environments.
Employers are urged to adopt a proactive approach, ensuring compliance and fostering a culture of respect and inclusion.
