On 26 October 2024, new sections of the Equality Act 2010 came into force, bringing significant changes to how employers must handle sexual harassment in the workplace. Introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023, these changes place a legal duty on employers to actively prevent sexual harassment, rather than just respond to complaints.
Here’s what’s changed and what employers need to do to stay compliant.
Proactive Duty to Prevent Sexual Harassment
Employers are now legally required to take reasonable steps to prevent sexual harassment of their employees, known as the “preventative duty” under Section 40A of the Equality Act 2010. This means employers must be proactive, not just reactive, in ensuring a safe and respectful workplace.
If an employer fails to meet this duty, employment tribunals can increase compensation awards by up to 25%. This applies not just to compensation for sexual harassment but also to all discrimination-related compensation under the Equality Act 2010.
Updated Guidance from the EHRC
To help employers navigate these new obligations, the Equality and Human Rights Commission (EHRC) released updated technical guidance and an eight-step guide for preventing sexual harassment at work. This guide is designed to help employers take positive action to create a safer workplace.
The eight steps include:
- Developing an Effective Anti-Harassment Policy – Clearly outline unacceptable behaviour and reporting mechanisms.
- Engaging with Staff – Foster open communication and encourage employees to speak up.
- Assessing and Reducing Workplace Risk – Conduct risk assessments to identify and address potential harassment hotspots.
- Reporting Mechanisms – Ensure employees know how to report concerns safely and confidentially.
- Training – Provide regular, effective training to staff and management.
- Handling Harassment Complaints – Investigate complaints promptly and thoroughly.
- Dealing with Third-Party Harassment – Take steps to protect workers from harassment by clients, customers, or contractors.
- Monitoring and Evaluating Actions – Regularly review and update policies and practices to ensure effectiveness.
Key Considerations for Employers
- Reasonable Steps to Prevent Harassment
Employers must now prove they took reasonable steps to prevent harassment. This includes risk assessments, staff training, and effective reporting mechanisms. The EHRC guidance highlights that steps should be tailored to the specific risks in each workplace.
- Third-Party Harassment
The new duty extends to third-party harassment, meaning employers are responsible for protecting employees from harassment by clients, customers, and contractors. Although workers can’t bring a standalone claim for third-party harassment, failure to take preventative steps could lead to a breach of the preventative duty.
- Zero-Tolerance Approach and Leadership Role
While not legally required, the EHRC encourages employers to adopt a zero-tolerance approach to harassment. Senior leaders and management are urged to model respectful behaviour and foster an inclusive workplace culture.
- Anti-Harassment Policies and Record-Keeping
Employers should update their anti-harassment policies to reflect the new legal requirements and keep detailed records of all complaints—both formal and informal—to evaluate the effectiveness of their policies.
Why This Matters
These changes mark a significant shift from merely responding to harassment complaints to actively preventing them. Employers who fail to comply risk facing increased compensation awards, legal challenges, and reputational damage.
By taking proactive steps to prevent harassment, businesses can not only stay compliant but also create a safer, more inclusive workplace for everyone.
Next Steps for Employers
- Review and Update Anti-Harassment Policies
- Conduct Risk Assessments
- Implement Comprehensive Training
- Monitor and Evaluate
For further advice, please contact [email protected].
