Employers Face New Requirements to Prevent Workplace Sexual Harassment

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04 November 2024

Employers are now legally required to take active and reasonable steps to prevent sexual harassment happening in their workplaces.

As of 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act, stipulates a new legal duty on employers to take steps to prevent sexual harassment of their workers. It also includes steps to prevent sexual harassment by third parties, such as clients and customers. 

This is the first time there has been any proactive legal obligation on employers to take steps to prevent sexual harassment at work. 

Bosses who don’t meet their obligation could be subject to enforcement action by the Equality Human Rights Commission, whether a harassment incident has taken place or not. The change also means compensation in harassment claims may increase by up to 25 per cent if an employer has not met its preventative duty.

Sexual harassment is when an employee is subjected to unwanted conduct of a sexual nature. This can include sexual comments or jokes, intrusive questions about a person’s private or sex life, unwelcome touching, hugging, massaging or kissing or suggestive looks, staring or leering.

40% of Women and 18% of Men Experience Unwanted Sexual Behaviour in the Workplace

The government doesn’t actually collect data on sexual harassment in the workplace, however research by ComRes for the BBC in November 2017 (surveying 6,206 adults in the uk) found that 40 per cent of women and 18 per cent of men (29 per cent overall) had experienced some form of unwanted sexual behaviour in the workplace.

Baroness Kishwer Falkner, Chair of the Equality and Human Rights Commission, said: “Sexual harassment continues to be widespread and often under-reported. Everyone has a right to feel safe and supported at work.

“The new preventative duty coming into force on 26 October aims to improve workplace cultures by requiring employers to proactively protect their workers from sexual harassment.

“Employers will need to take reasonable steps to safeguard their workers. We have updated our guidance to ensure they understand their obligations and the kinds of steps they can take.

“We will be monitoring compliance with the new duty and will not hesitate to take enforcement action where necessary.”

Technical updated guidance can be read here.

Picture: a photograph of two people in conversation seated at a table, with one person facing the camera. Image Credit: Unsplash

Article written by Ella Tansley | Published 04 November 2024

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