On 26 October 2024 the Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force. This Act makes provisions in relation to the duties on employers to take proactive steps to specifically prevent workplace sexual harassment (harassment which is of a sexual nature). It does not apply to the other protected characteristics under the Equality Act 2010 including harassment related to ‘sex’ (harassment due to the person’s specific gender). The duty is that employers should assume that its staff may face sexual harassment in the course of employment and take action to prevent it from happening. If sexual harassment does occur (or has occurred), the employer should then take steps to stop it happening again.
The legislation also includes a preventative duty to take reasonable steps to prevent sexual harassment by third parties. Accordingly, if an employer does not take reasonable steps to prevent sexual harassment by staff or by third parties this new duty will be breached.
The effect of a breach of this duty is that compensation for sexual harassment could be uplifted by up to 25%. As compensation for harassment is uncapped (unlike unfair dismissal) the financial impact on an employer could be significant. However, it is not a standalone claim so an employee cannot bring a claim solely for a breach of this duty; this duty will form part of a wider claim for sexual harassment.
‘Reasonable steps’ will vary on the facts but in our view, employers should have an equal opportunities policy and/or an anti-harassment and bullying policy and consider what they can do to prevent sexual harassment. Accordingly, employers should review their existing policies and update them to include this new obligation along with reviewing any risk assessments to try and limit sexual harassment in the workplace. Lastly, staff training should be arranged to update staff about this duty.
This article is a general comment on the new law and no reliance should be placed on its content. If you require assistance in updating or creating your handbooks, arranging staff training or specific advice regarding sexual harassment, please Contact Us to discuss how we can help you.
