Is Your Company Ready for the new Sexual Harassment Law?
New UK Law Strengthens Workplace Protections Against Sexual Harassment
On the 26th October The Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force, placing more responsibility on employers to ensure the safety of their staff. This is a significant step forward in combating workplace sexual harassment.
According to a 2023 poll from the Trades Union Congress (TUC), 3 in 5 women have experienced harassment at work, and recent news reports have demonstrated just how difficult it can be for those affected to come forward about it. It is important that employers are providing a safe and inclusive work environment for everybody, and that they are doing everything they can to ensure their employees are not at risk of workplace harassment.
The Key Points in the new legislation:
1. Proactive Duty: Employers now have a proactive duty to take "reasonable steps" to prevent sexual harassment of their employees in the workplace.
2. Increased Liability: If an incident of sexual harassment occurs, employers may be held liable if they cannot demonstrate that they took all reasonable preventative steps.
3. Enforcement: The Equality and Human Rights Commission (EHRC) has been granted new powers to enforce this duty, including the ability to investigate and take action against non-compliant employers.
4. Compensation: In cases where employers are found liable, employment tribunals can increase compensation awards by up to 25%.
What This Means for Employers
This new law represents a shift from a reactive to a proactive approach in addressing workplace sexual harassment. Employers must now:
· Review and update their policies and procedures related to sexual harassment
· Provide regular training to all employees on preventing and addressing sexual harassment
· Create clear reporting mechanisms for incidents of sexual harassment
· Ensure that all complaints are taken seriously and investigated promptly
· Foster a workplace culture that does not tolerate any form of harassment
As we approach the October 2024 implementation date, it's crucial for businesses to start preparing now. If you haven’t already, consider the following:
1. Conduct a thorough review of current policies and practices
2. Invest in comprehensive training programmes
3. Establish clear protocols for handling complaints
4. Create/maintain a culture of respect and zero tolerance for harassment
It is easy to assume (and hope) that your business wouldn’t be affected by sexual harassment but unfortunately this won’t always be the case. Hopefully this positive change in legislation will encourage employers to take a more active role in protecting their employees and creating inclusive workplaces for all.