Workers are to have greater protection from sexual harassment from 26 October 2024. Employers need to be aware of the new regulation and step up to ensure they meet requirements.

Firstly, let’s clarify the definition of sexual harassment. Emma Clack of Heneom HR explains: ‘Sexual harassment involves unwanted behaviour of a sexual nature. It must have violated someone’s dignity or created an intimidating, hostile, degrading, humiliating or offensive environment for them. This is deemed sexual harassment whether the behaviour was intentional or not, and whether it was a single instance or a pattern of behaviour.’

Shocking sexual harassment facts

• An estimated 68% of women in the UK experience sexual harassment in their lifetime. (gov.uk)
• 40% of women and 18% of men have experienced some form of unwanted sexual behaviour in the workplace. (parliament.uk)
• Over one in two women in the UK have experienced sexual harassment in the workplace. This rises to nearly two in three women aged 18-24. (TUC)

The updated Worker Protection (Amendment of Equality Act 2010) Bill requires employers to take reasonable steps to protect their workers by preventing sexual harassment in the workplace.

With these sobering facts in mind, the extra protection intended by the legislative changes is sorely needed.

What action should employers take?

From October 2024, employers must demonstrate the specific actions taken to protect employees from sexual harassment.

An employer should:

• consider the risks of sexual harassment occurring in the course of employment,
• consider what steps it could take to reduce those risks and prevent sexual harassment of their workers,
• consider which of those steps it would be reasonable for it to take, and
• implement those reasonable steps.

The employer is held accountable unless they can prove all reasonable steps have been taken to prevent sexual harassment in the workplace. The updated Act introduces a more proactive obligation to strengthen compliance requirements.

‘It’s important to understand and comply with the new regulations,’ says Emma.’ There are several steps employers should take to safeguard employees and demonstrate compliance. Policy and process are vital however a people-based approach is needed. A positive workplace culture informed by awareness, training and appropriate reporting helps prevent harassment, including sexual harassment.’

Employment Tribunals will decide if employers have complied with the new regulation. Should a claim for sexual harassment be upheld and the employer deemed to fall short of the requirements:

• the Employment Tribunal could award an uplift of 25% to any compensation awarded to the employee, and
• the Equality and Human Rights Commission could take enforcement actions against the employer failing to comply with the new Act.

What steps has your company taken to prevent harassment in the workplace?

Do your policies meet the new requirements?

Please don’t risk the safety and wellbeing of your employees. Contact Emma at Heneom HR for an initial chat without obligation. Let’s get it right and stop the risk of sexual harassment.