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New Legal Duty on Employers: Acas Updates Guidance on Preventing Sexual Harassment

Acas has revised its guidance on preventing sexual harassment at work, reflecting new legal obligations for employers. As of 26 October 2024, under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers are now legally required to take reasonable steps to prevent sexual harassment in the workplace.

What’s Changed?

The new law introduces a proactive duty for employers, meaning they can no longer wait until an incident occurs to act. Instead, they must actively assess risks and implement preventive measures to protect employees from sexual harassment.

What Employers Need to Do?

According to the updated Acas guidance, employers should:

  • Assess the Risk of Sexual Harassment: Consider specific scenarios where harassment is more likely to occur, such as working alone with clients or at off-site events.
  • Identify Preventive Steps: Determine actions that could reduce these risks, such as implementing clear reporting procedures, conducting training sessions, or establishing workplace conduct guidelines.
  • Evaluate Reasonableness: Decide which steps are practical and appropriate based on the organisation’s size, resources, and the nature of its work environment.

High-Risk Factors and Vulnerable Groups

The guidance highlights higher-risk situations where sexual harassment is more likely, such as:

  • Working alone with clients or customers
  • Social events or after-hours work gatherings
  • Online interactions, including social media and messaging platforms

It also acknowledges that certain groups, such as younger workers, may be more vulnerable to harassment and require additional protective measures.

Practical Steps for Employers

To comply with the new legal duty, employers should:

  • Conduct regular risk assessments focused on potential harassment scenarios.
  • Implement clear policies that define acceptable behaviour and outline reporting procedures.
  • Provide training to all employees, including management, on recognizing and preventing sexual harassment.
  • Review and align related policies, such as social media guidelines, to cover online harassment, even on personal devices.
  • Foster a culture of respect and inclusivity by encouraging open communication and promptly addressing complaints.

Why Is This Important?

The updated guidance reflects a shift from reactive to proactive measures, emphasising that prevention is better than cure. By actively working to prevent sexual harassment, employers not only comply with the law but also promote a safer and more inclusive workplace. For further guidance, contact [email protected].