New sexual harassment prevention duty applies from 26 October 2024

From October 2024, successful sexual harassment claims could be up to 25% more expensive for your business.

The new statutory duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force on 26 October 2024. It introduces a positive legal obligation for all employers to take reasonable steps to prevent sexual harassment.
The financial and reputational risks of failing to comply with this duty could be costly.

Where sexual harassment has occurred and a tribunal finds that the employer has breached their new duty, they will have the power to award 25% more compensation (the amount of which is already uncapped for successful discrimination claims).
Some key questions answered:

What is sexual harassment?

It could include a wide range of behaviour, both verbal and physical, including sexual comments or jokes, displaying pornographic drawings, sending emails with material of a sexual nature, suggestive looks, sexual advances, unwelcome physical contact and intrusive questions about a person’s private or sex life.

Is this for sexual harassment only?

Yes, it applies only where a claim for sexual harassment is successful, and a tribunal finds that the employer failed in its duty to prevent sexual harassment. An employee cannot bring a standalone claim for breach of the new statutory duty if no sexual harassment has occurred.

Don’t we already have a duty to prevent sexual harassment?

Yes. The existing law says, broadly, that employers are liable for their actions, and those of their employees in the course of their employment, unless they can show that they took all reasonable steps to prevent harassment or discrimination.
That aspect of the law is not changing.

So, what’s changing?

From 26 October 2024, there will be a positive legal obligation for employers to take reasonable steps to protect workers from sexual harassment. This means employers must take proactive measures to identify risks and prevent sexual harassment from happening in the first instance.

If the employer fails to do so, successful sexual harassment claims could now be up to 25% more expensive. The employer also faces the risk of a public judgment, which may cause significant damage to both brand reputation and employee relations.

What can we do?

Start preparing – now is the time to act!

A tick-box exercise of providing one-off standard training and having a policy available is highly unlikely to be sufficient. Below are some steps that employers may want to take:

  • Investigate the extent of any potential problems with sexual harassment in your business and identify any vulnerabilities.
  • Create a culture of zero-tolerance to harassment.
  • Encourage staff to report inappropriate behaviour, that they know how to raise concerns and are assured that they will not suffer any detriment as a result.
  • Have an effective anti-harassment policy in place.
  • Deal with complaints of harassment quickly, fairly, sensitively and thoroughly.
  • Provide regular training to all members of staff that is suitably tailored to their role and seniority, with scheduled refresher sessions thereafter. Reflect the training in policies and working practices.
How can we help?

Our employment specialists provide expert advice to help employers fully understand and comply with the duty, including helping prepare policies and training at all levels. Please contact Danielle Oliver, Associate Solicitor on 0161 437 0013 or danielle.oliver@h-f.co.uk for advice or assistance.

 

Employment Law