The new law on sexual harassment in the workplace

The Government has recently passed new legislation to prevent sexual harassment in the workplace. The Worker Protection (Amendment of Equality Act 2010) Act 2023 is due to come into force on 26 October 2024. Nicole Natur takes a closer look at the Act and how it will impact employers, as well as the steps that should be taken in order to prepare for the change.

The current position 

Under the Equality Act 2010, an individual is harassed when they are subjected to unwanted conduct which is either related to a relevant protected characteristic such as age, race or sex, or is of a sexual nature, where the conduct has the purpose or effect of violating the individuals’ dignity or creating an environment that is intimidating, hostile, degrading, humiliating or offensive. 

What will the position be following 26 October 2024?

Following a consultation on sexual harassment in the workplace in July 2021, the Government passed the Worker Protection (Amendment of Equality Act 2010) Act 2023 ("the Act") to introduce a new legislative duty on all employers to take reasonable steps to prevent sexual harassment of their employees in the workplace. While the legislation was initially drafted on the basis that employers would be under a duty to take “all reasonable steps” to prevent sexual harassment of their employees, this was diluted to require employers to take “reasonable steps” to prevent sexual harassment in the workplace. 

The Act does not create a new standalone claim, and does not dilute from the existing legislation under the Equality Act 2010 (as set above), but it does allow the Employment Tribunal to increase compensation for any awards for sexual harassment by up to 25% if the employer is found to have breached the new duty to prevent that harassment. In addition, the Equality and Human Rights Commission (ECHR) will be able to enforce the new duty.

What steps should employers be taking?

The Act means that employers will need to take proactive ownership in taking steps to prevent discriminatory behaviour in the workplace. Updated guidance is due to be produced ahead of October 2024, but in the meantime, it is advisable for employers to consider the following:

• Reviewing and updating, or where necessary creating, policies which deal with harassment and sexual harassment in the workplace.
• Delivering mandatory training for all staff regarding expectations surrounding standards of behaviour, what sexual harassment is and processes for raising and dealing with a sexual harassment report.
  Improving awareness of the new duty for managers.
• Rooting out any sexist workplace culture and adopting a zero-tolerance approach in relation to sexual harassment.
• Ensuring that methods of raising sexual harassment reports are clear and readily accessible to all employees.
• Ensuring that all sexual harassment reports are properly investigated and resolved.
• Appointing and training workplace champions to act as key contacts for those wishing to raise issues of harassment in the workplace to enable them to discuss issues in confidence in the first instance.

By ensuring that staff feel supported, they will be empowered to come forward and this will foster a positive culture and safe working environment for all staff in the workplace, improving retention, recruitment, reputation and overall staff happiness.

Nicole Natur is an Associate at Bevan Brittan.