What is the new duty on employers regarding sexual harassment?

Employers are now required to take reasonable steps to prevent sexual harassment of workers by other workers and by third parties, such as customers or suppliers. This duty arises from The Worker Protection (Amendment of Equality Act) Act 2023 which came into effect on 26 October 2024.

What is sexual harassment?

Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of either violating a person’s dignity or creating an intimidating, hostile, degrading or offensive environment for the person. Unwanted conduct of a sexual nature can be verbal, non-verbal (e.g. text or social media messages) or physical conduct.

When and where might sexual harassment occur?

It can obviously occur on work premises, during work time but the risk is often greater at office parties and other work connected events. When staff relax and particularly where alcohol is involved, they can do say or do things which could leave an employer liable for sexual harassment claims.

It does not matter whether the office party or other work event happens on work premises or elsewhere or during or after office hours, there is potential liability for the employer unless it has taken reasonable steps to prevent sexual harassment from occurring.

What are the penalties for breach of the law?

The Equality and Human Rights Commission is able to take enforcement action  where there is evidence that employers are failing to take reasonable steps to prevent sexual harassment. In addition, Employment Tribunals hearing sexual harassment claims are able to award an uplift of up to 25% to an employee’s compensation where they find that there has been a breach of the duty.

What action can employers take to prevent sexual harassment?

The Equality and Human Rights Commission has published an 8-step guide to help prevent and deal with sexual harassment connected to work and which can be summarised as:

• develop an effective anti-harassment policy, setting out a zero-tolerance approach to sexual harassment
• engage staff by having open-door policies, ensure that staff are aware of the anti-harassment policy and conduct exit interviews
• assess and take steps to reduce the risk of sexual harassment. Employers should consider the factors which might increase the likelihood of sexual harassment and the steps which can be taken to minimise it
• encourage the reporting of sexual harassment by having effective reporting procedures in place
• provide mandatory training to staff on what amounts to sexual harassment and what to do if they witness or experience it
• act immediately to resolve any complaint and communicate the outcome of it and any appeals process to the complainant
• take measures to help minimise the risk of sexual harassment by third parties, such as assessing risk and putting reporting mechanisms in place and
• regularly monitor and evaluate the effectiveness of the preventative steps and implement any changes arising from the review.

If you would like to discuss any employment matter, please contact Julia Woodhouse on 01926 831231 or [email protected].

Julia is an Employment Solicitor based in Leamington Spa and advises clients across Leamington Spa, Warwick, Kenilworth, Coventry, Rugby, Nuneaton, Atherstone and further afield.

The above does not constitute legal advice.