As of October 2024, employers will be required to demonstrate proactive measures to prevent sexual harassment in the workplace.
From 26 October 2024 employers must show that they have actively taken reasonable steps to prevent sexual harassment in the workplace. Failing to do so can be very costly – both financially and to the reputation of your business.
What is the new duty?
The new duty imposes a proactive obligation to prevent sexual harassment, so employers shouldn't wait for sexual harassment to occur. If an incident of sexual harassment does take place, the duty requires employers to take action to stop it from happening again. Notably, the new duty applies to preventing sexual harassment not just by co-workers, but also by third parties such as clients, contractors and suppliers.
What are the consequences of breaching the new duty?
The amount of compensation for a sexual harassment claim can be increased by up to 25%. Employers who have done very little to comply with the new duty can expect an uplift towards the top end of the scale.
In addition, the EHRC, the equalities regulator, can take direct enforcement action against an employer. This is an area where the EHRC has recently been active: last year the EHRC investigated and required both IKEA and McDonalds to improve their practices in relation to sexual harassment.
What should we be doing to prepare?
Employers must take 'reasonable steps' to prevent sexual harassment. What is reasonable depends in part on an employer's size and resources; a larger, well-resourced employer will be expected to do more. Similarly, the nature of the workplace and the types of third parties employees may encounter will be relevant; a retail business which has significant interaction with customers, for example, will need to proactively manage greater risks of third party harassment.
How we can support you
By training your staff on harassment prevention ahead of the new legislation, you not only reduce risk but also showcase your commitment to compliance. Our training is practical and designed to foster engagement and active participation among participants. Delivered by experienced lawyers, our sessions will equip your workforce with the necessary skills to manage and prevent sexual harassment in the workplace.
Who is the training for?
This training is designed for all employees within your organisation at all levels to give them a deeper understanding of the new law. Our training will equip employees with the knowledge and skills necessary to prevent sexual harassment in the workplace and to handle complaints effectively.
What will you learn?
By the end of the training, you will have an understanding of:
- what is meant by harassment, and specifically sexual harassment
- what you should do if you witness harassment
- what you should do if you are the victim of harassment
- what potential liabilities you, and your employer, may face if you commit harassment
Training leader
Will Winch is a Partner in the Employment department, dealing with contentious and non-contentious matters. He has extensive experience advising employers on a range of employment issues, including sexual harassment. His expertise ensures that the training is up-to-date, practical, and relevant.