On 26th October 2024, The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force which brings new responsibilities on employers to prevent workplace harassment.

The Worker Protection (Amendment of Equality Act 2010) Act 2023 has:

  • Introduced a duty on employers to take reasonable steps to prevent sexual harassment of their employees.

  • Given employment tribunals the power to uplift sexual harassment compensation by up to 25% where an employer is found to have breached the new duty to prevent sexual harassment.

  • The Equality and Human Rights Commission (EHRC) published an updated version of its guidance on sexual harassment and harassment in the workplace on 26 September 2024.

The EHRC’s guidance includes recommendations for employers to:

  • Develop and communicate an anti-harassment policy

  • Conduct risk assessments to identify potential areas of harassment

  • Engage with staff to identify warning signs

  • Evaluate the effectiveness of actions taken

  • Take action to prevent harassment before a complaint is made

  • Take action to stop harassment if it occurs

  • Promote a positive workplace culture where harassment is not tolerated

Employers should be doing the following to ensure they are complying with the new legislation:

  • Promote a positive workplace culture. Leaders and managers should be encouraged to model respectful behaviour and address issues in a timely manner. Steps should be taken to implement an inclusive environment where diversity is respected and valued.

  • Establish robust reporting mechanisms which should include assuring staff that any complaints will be handled sensitively and confidentially and that there is a commitment to conducting prompt and thorough investigations of all complaints.

  • Create open channels for employee feedback and concerns beyond harassment issues.

  • Conduct an audit of the culture of your business to identify any risks of harassment either by staff or third parties and consider methods of mitigating any highlighted risks. Consideration could be given to conducting an anonymous staff survey.

  • Review your training needs. Do staff need to attend an updated refresher diversity course? Do management staff need training on how to manage any complaints and conduct any investigations?

  • Update your current policies in your staff handbook that deal with harassment, bullying and equal opportunities. Should a new standalone sexual harassment policy be introduced

Employers are encouraged to review their policies and practices to ensure they meet the new law. By taking the steps outlined, employers can create a safer, more respectful workplace and mitigate the risks associated with sexual harassment claims.

If you require advice on any of the points mentioned above, please contact Farleys’ employment law specialists on 0845 287 0939 or get in touch by email through our online contact form.