Duty to Prevent Sexual Harassment

This new duty contained within the Worker Protection Act 2023 (Amendment of Equality Act 2010) places a positive legal obligation on employers to take all reasonable preventative steps to protect their employees from sexual harassment.

This new law came into effect on 26th October 2024 meaning all employers are now under a statutory anticipatory duty to take reasonable steps to prevent sexual harassment in the workplace.  If employers fail to take reasonable steps to prevent sexual harassment, then the Equality and Human Rights Commission (EHRC) can take enforcement steps; plus any successful tribunal claim will be subject to a compensation uplift of up to 25%.

You may be thinking, what does that mean in practice? I thought the legislation already required me to ‘take all reasonable steps’ to prevent harassment, and you’d be right. But while we know all employers have a duty of care towards their employees, the new Act goes further than previous obligations.

The new duty requires employers to shift their focus to preventative action regarding workplace sexual harassment, and anticipate any potential for harassment to take place, rather than responding only if a complaint is made.

In addition, there is an obligation to treat the matter similarly to a health & safety issue undertaking audits and risk assessments to assess the environment and put in measures to mitigate any possible incidents taking place. This may look like reviewing the presence of alcohol at events, acknowledging power imbalances or identifying physical space that enables covert opportunity. Educating and consulting the workforce (and 3rd parties where appropriate) is paramount to preventing unwanted behaviour.

Speaking of 3rd parties, their co-operation in complying with your policies as well as taking part and submitting to any investigations, will also be pivitol to success.

Employers should have a clear policy that outlines their complaint procedures and process, and ensure there is ongoing monitoring and review of outcomes and learnings.

What should I do next?

Employers must take the duty seriously and invest culturally, educating their teams, as well as undertaking some heavy-duty reviews of practical ways of working and policy frameworks.

If you’re interested in discussing how this could impact your workplace, do not hesitate to contact us at info@hollahr.com 📩