Navigating the New Sexual Harassment Laws | What Employers Need to Know

26th October 2024 sees the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023 which focuses on the employers need to take "reasonable steps" to prevent sexual harassment in the workplace.

In today’s evolving work environment, the need to provide a strong focus on "workers" (male and female) safety and well-being is paramount. Despite significant progress over the years, workplace sexual harassment remains a persistent issue that affects countless individuals across various industries.

81% of women and 43% of men reported experiencing some form of sexual harassment in their working lifetime. Whilst there remains a prevalence among women experiencing workplace sexual harassment, men do often report experiencing forms of sexual harassment. Rather shockingly it is suggested 90% of victims do not report the circumstances to their employer. 

Currently the Equality Act 2010 provides specific protection to "workers" against sexual harassment. The Equality Act 2010 defines sexual harassment as:

"unwanted conduct of a sexual nature - that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person".

Sexual harassment can be in many forms, some are more subtle than others. Often those accused of engaging in sexual harassment believe their actions were 'banter' or 'wanted'. Typical acts complained of are:

• Engaging in physical behaviour that is sexual in nature
• Making sexual comments or jokes about someone
• Looking, staring, or leering at someone
• Making propositions or sexual advances towards someone
• Displaying sexually graphic pictures, posters, or photos
• Asking intrusive questions about a person’s private or sex life.

Recent legislative changes, such as the Worker Protection (Amendment of Equality Act 2010) Act 2023, underscore the urgent need for employers to take measures in preventing and addressing harassment. 26th October 2024 sees the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023 which focuses on the employers need to take "reasonable steps" to prevent sexual harassment in the workplace. Employers will need to show they have taken reasonable steps to prevent sexual harassment in the workplace by creating a culture that promotes a zero tolerance. 

Employers can take several proactive steps to prevent sexual harassment in the workplace:

• Take Complaints Seriously: Always take complaints seriously and ensure they are addressed promptly. This shows employees that their concerns are valued and will be acted upon
• Confidential Reporting: Provide confidential channels for reporting harassment. This can include online forms, designated HR or managers or specific phrases HR/Managers understand relates to an individual requiring assistance for sexual harassment
• Document Everything: Keep detailed records of all complaints, investigations, and actions taken. This documentation is essential for transparency and accountability
• Conduct Thorough Investigations: Investigate complaints thoroughly and impartially. Ensure that the investigation is conducted by trained individual who can handle the situation sensitively.  Ensure those investigating is aware of the correct policy and procedures to follow.  Ensure they keep all involved informed throughout the investigation, its progress, and next steps
• Develop a Clear Policy: Create a comprehensive sexual harassment policy that defines unacceptable behaviour, outlines reporting procedures, and specifies consequences for violations
• Provide Training: Conduct regular training sessions for all employees, including management, to educate them about sexual harassment, how to recognise it, and how to respond appropriately
• Promote a Zero-Tolerance Culture: Foster a workplace culture that does not tolerate any form of harassment. Make it clear that all complaints will be taken seriously and investigated promptly with serious consequences to any found guilty
• Support Victims: Offer support to victims of sexual harassment, including counselling services and protection from retaliation.
• Encourage Bystander Intervention: Train employees to act as bystanders who can intervene or report incidents of sexual harassment they witness
• Take Appropriate Action: Based on the findings of the investigation, take appropriate disciplinary action against the perpetrator. Ensure that the action taken is consistent with company policies, legal requirements and importantly with any previous cases.

By following these steps, employers demonstrate their commitment to taking positive "reasonable steps" creating a safer workplace environment for all. Employers' failure to demonstrate they have taken such reasonable steps could lead to Employment Tribunal claims for discrimination which alongside possible injury to feelings compensation (which holds no cap) an additional 25% of the sum awarded for failing to comply with the new requirements. 

Employers are strongly advised to ensure they are geared up for the changes, implementing any measures not currently practiced to avoid any sanctions being imposed. 

Sills & Betteridge Employment Law Team provide specialist representation and advice on complex contentious tribunal cases and non-contentious HR and employment matters, policies and procedures from their large network of offices in Lincolnshire, Yorkshire and the East Midlands. For details of the team, their specialisms and contact details please see here.