A new law aimed at reinforcing protection against workplace sexual harassment is set to take effect in October 2024, marking a significant step towards ensuring safer work environments. The Worker Protection (Amendment of Equality Act 2010) Act 2023 will introduce a legal duty for employers to take reasonable steps to prevent sexual harassment in the course of employment and empower Employment Tribunals to increase compensation awards for sexual harassment by up to 25% if employers fail in this duty.
While the legislation has been lauded by advocacy groups, some had hoped for a more stringent requirement on employers, originally advocating for “all reasonable steps” instead of the revised “duty to take reasonable steps.” Nonetheless, the law represents progress in addressing workplace harassment.
Under the new law, individuals cannot directly sue for breach of the preventative duty but can include it as part of a sexual harassment claim under the Equality Act 2010, potentially leading to increased compensation if successful.
To comply with the upcoming duty, employers are required to proactively address harassment through policy implementation, staff education, and training. Establishing or reviewing anti-harassment policies is crucial, emphasising clear definitions, reporting procedures, and consequences for misconduct. Additionally, regular training sessions for all staff, focusing on recognising and reporting harassment, are essential.
Managers should receive specialised training on handling harassment complaints promptly and sensitively, leading by example in maintaining a respectful workplace culture. Informing staff about anti-harassment policies and encouraging dialogue can foster awareness and accountability among employees.
By taking these proactive measures, employers can create safer and more inclusive workplaces, aligning with legal obligations and promoting a culture of respect and dignity for all employees.
Author: Mariella Jacobs
