On 26 October 2024 a new duty to take reasonable steps to prevent sexual harassment at work came into force under the Worker Protection (Amendment of Equality Act 2010) Act 2023. This duty requires employers to take reasonable steps to prevent sexual harassment of their employees, gives employment tribunals the power to uplift discrimination compensation by up to 25% where an employer is found to have breached the new duty, and gives the Equality and Human Rights Commission (EHRC) the power to investigate and take enforcement action
The EHRC has published helpful guidance for employers which includes a checklist, action plan and monitoring logs. The checklist was originally designed for use in the hospitality sector, but the EHRC says that it can be adapted to suit other workplaces.
The checklist covers three main areas for employers to consider:
- Communication with staff.
- Changing the work environment to make it as safe as possible.
- Putting in place policies and procedures to make sure the employer knows when sexual harassment happens and how it is dealt with.
An employer should consider who will use the checklist and how staff can be supported to best use it through training and awareness campaigns.
Employers can use the action plan to record any actions to be taken to make the checklist part of its working practices. This may include updating policies, raising awareness and supporting staff to use the checklist at the correct times. The EHRC suggests that a monitoring log should also be completed to help monitor how the checklist is being used and log any changes that may be needed, with a more in-depth log every quarter to assist with monitoring the effectiveness of the employer's strategy.
This latest guidance follows the EHRC's updated technical guidance on sexual harassment and harassment at work and an eight-step guide for employers.
It is important that employers understand and respond appropriately to this new duty to protect their employees from harm, and their businesses from employment claims.
If you have any questions around this topic or require advice or support in complying with the legislation, please get in touch with Stephanie Clarke by calling 01727 798035, or emailing stephanie.clarke@salaw.com.
