As of 26 October 2024, new legal protections have come into force in the UK, establishing a stronger framework for preventing workplace sexual harassment and requiring employers to proactively address this issue. With an emphasis on reasonable steps, the new duty under the Equality Act 2010 represents a significant shift, focusing on creating safer workplaces and empowering employees with greater rights.
At Safety Services Direct, we’re committed to supporting employers with tools and resources to help organisations effectively meet these updated obligations. In this article, we’ll guide you through the updates before exploring how our Anti-Sexual Harassment Bundle can help your organisation be proactive and compliant.
What’s Changed? Understanding the New Preventative Duty
The core of the new legislation mandates that employers take “reasonable steps” to prevent sexual harassment of their employees. This means more than simply responding to incidents when they arise; employers now have a proactive duty to anticipate potential issues and implement measures that deter inappropriate behaviour before it occurs. If the harassment does take place, the employer must take swift action to prevent recurrence.
These changes underscore a clear message: all employers, regardless of industry or size, have an active role in fostering a respectful workplace. This preventative duty aims to minimise the likelihood of harassment by encouraging employers to develop appropriate policies, procedures, and cultural practices that prioritise employee safety and comfort.
Why This Duty Matters: Legal and Financial Implications
Under this new duty, if an employee files a successful claim of sexual harassment against their employer, an employment tribunal will now examine whether the employer also failed in their preventative duty. A failure to meet this duty could result in a significant uplift in compensation by up to 25%, reflecting the gravity of the breach. The Equality and Human Rights Commission (EHRC) is tasked with enforcing these standards, further emphasising the government’s commitment to eliminating workplace harassment and sexual assault.
Minister for Women and Equalities, Anneliese Dodds, expressed the government’s dedication to making workplaces both secure and rewarding. Dodds highlighted that the new preventative duty is part of a broader movement toward workplace reform aimed at improving productivity, addressing insecure work, and mending industrial relations. Although we must not assume that sexual harassment is only against Women, it can affect and be perpetrated by all genders. Additionally, an act can also be against/perpetrated by other 3rd parties such as customers, suppliers and clients.
Guidance and Resources for Employers: Setting Clear Standards
To support employers in meeting these requirements, both the Advisory Conciliation and Arbitration Service (Acas) and the EHRC have released updated guidance. These resources provide employers with a clear roadmap for preventing sexual harassment, including:
- Developing Comprehensive Policies: This includes clearly defining unacceptable behaviours, outlining processes to report sexual harassment, and detailing how complaints will be addressed.
- Conducting Risk Assessments: This will demonstrate a proactive approach by considering all elements of your business, assessing where the high risk of such acts can occur, i.e., social events, and determining what preventative measures will be taken to deter such acts.
- Training and Awareness Programs: Employers are encouraged to implement training sessions that clarify company policies, educate employees on identifying and reporting harassment, and establish respectful workplace standards. Courses like our Online Sexual Harassment course communicate this information effectively and succinctly.
- Addressing Cultural Change: In some cases, companies may need to re-evaluate their workplace culture to eliminate harmful attitudes and behaviours that may lead to sexual harassment at work. Fostering a zero-tolerance culture requires commitment from all levels of an organisation, especially leadership.
These resources are designed to help employers not only avoid costly tribunals but, more importantly, to build a supportive environment where employees feel valued, safe, and able to thrive.
Take Action to Safeguard Your Workplace
This preventative duty represents a shift toward a more inclusive, respectful, and legally compliant workplace environment. While adopting the new standards might seem challenging, with the right approach, organisations can transform these changes into a catalyst for positive growth and workplace morale.
Safety Services Direct is here to help you meet these new standards with confidence. Our Anti-Sexual Harassment Bundle offers essential tools, from policy templates to training materials, so you can create a respectful, compliant work environment where employees feel safe and valued.
For more information on how our Anti-Sexual Harassment Bundle can support your organisation, contact us today at 0121 3487828.
