Understanding the new Sexual Harassment Prevention Duty
In recent years, the conversation around workplace culture and employee wellbeing has intensified, particularly regarding the issues of sexual harassment.
On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces new sections into the Equality Act 2010, placing employers under a duty to take ‘reasonable steps’ to prevent the sexual harassment of their employees in the course of their employment. In this article we outline the key aspects of this new Preventative Duty and the practical steps employers should be taking to ensure compliance.
What is the new duty?
The duty places a proactive responsibility on employers to prevent sexual harassment in the workplace, including a duty to protect workers from harassment (of all types) by third parties such as customers or clients. It outlines that employers are required not only to respond effectively to incidents of harassment but also to take reasonable steps to prevent such incidents from occurring in the first place.
Key features of the duty:
- Proactive Prevention: Employers must implement policies and training aimed at preventing sexual harassment.
- Cultural Assessment: A focus on workplace culture will be essential. Employers are encouraged to regularly assess their workplace environment and practices.
- Clear Reporting Procedures: There must be clear mechanisms in place for employees to report harassment without fear of retaliation.
- Accountability: Employers can be held accountable not just for incidents that occur but also for failing to take adequate preventative measures.
Employment tribunals will be able to award an uplift of up to 25% to an employee’s discrimination compensation where they find that there has been a breach of the duty. Given that compensation awards for harassment claims are uncapped, failing to comply with the new duty could be costly.
Practical steps employers should undertake now
1. Conduct a culture audit
Start with a thorough culture audit to assess the current state of your workplace. This should include:
- Employee Surveys: Gather anonymous feedback on perceptions of workplace safety, inclusivity, and experiences with harassment.
- Focus Groups: Conduct focus groups to gain deeper insights into employee concerns and suggestions for improvement.
- Policy Review: Assess existing policies related to harassment, discrimination, and reporting mechanisms. Ensure they align with the new duty.
2. Risk assessments
Implement risk assessments focused on identifying potential harassment risks specific to your workplace. This includes:
- Identifying High-Risk Areas: Assess departments or roles where incidents may be more likely to occur, such as those involving power dynamics or close personal interactions.
- Environmental Factors: Consider workplace layout, social activities, and remote working practices that could contribute to harassment risks.
3. Training and awareness
Develop comprehensive training programmes tailored to your organisation’s needs:
- Mandatory Training: Ensure all employees, including leadership, undergo training on sexual harassment, focusing on recognising, preventing, and responding to inappropriate behaviour.
- Regular Refreshers: Establish ongoing training sessions to keep the conversation alive and encourage continuous learning.
4. Enhance reporting mechanisms
Make it easy for employees to report incidents:
- Anonymous Reporting Options: Consider introducing secure and anonymous channels for reporting harassment, ensuring employees feel safe to speak up.
- Clear Procedures: Develop and communicate clear procedures for how reports will be handled and the support available to those who come forward.
5. Foster open communication
Create an environment where employees feel empowered to discuss concerns:
- Regular Check-ins: Encourage managers to conduct regular one-on-one check-ins with their team members to discuss workplace culture and any concerns they may have.
- Leadership Role: Ensure leaders model appropriate behaviour and promote a zero-tolerance stance on harassment.
6. Monitor and evaluate
Implement a system to monitor the effectiveness of your measures:
- Regular Reviews: Set up a schedule for regular reviews of harassment policies and procedures, incorporating employee feedback.
- Incident Tracking: Keep track of reported incidents and responses, using this data to inform future training and policies.
Conclusion
The new Preventative Duty presents both challenges and opportunities for organisations. By taking proactive steps now – conducting audits, implementing robust training programmes and fostering a culture of continuous review and open communication – employers can not only comply with the new legislation but also contribute to a more respectful and inclusive workplace.
