In the case of Davies v White Dove Garages Ltd, the Employment Tribunal had to consider whether a male employee overhearing conversations of a sexual nature by other male colleagues amounted to sexual harassment.
For the safety of employees, businesses must take accountability and be proactive in the fight against sexual harassment, violence and abuses of power. And with the recent Worker Protection Act, you now have to take a proactive and preventative approach...
Since 26th October 2024, employers need to take extra steps to prevent workplace sexual harassment.
Under the Worker Protection Act, an employee can report you at any time if they feel you aren’t doing enough to prevent harassment – not just in light of an allegation or incident.
This new law applies to all businesses, whatever the size.
What is sexual harassment?
Sexual harassment is any kind of unwanted behaviour of a sexual nature which makes someone feel intimidated, degraded, humiliated, or offended.
There are lots of different ways someone can (sometimes unknowingly) sexually harass another person and it’s not always physical. Sexual harassment can also be verbal.
What is an example of sexual harassment?
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The Worker Protection (Amendment to the Equality Act 2010) Act 2023, came into force on October 26, 2024.
This law means it is now a legal duty for you to be taking “reasonable steps” at work to prevent sexual harassment from happening. This is a proactive duty - an employer mustn't wait until something has happened to take action.
This is a step further than previous rules, as it allows a worker to report you to the EHRC for not doing enough to prevent harassment. They can do this at any time - there doesn't need to be an allegation or incident.
Plus, this duty extends to third party harassment.
So, you also need to take steps to protect staff against harassment from people who don't work for you. This includes customers, clients, contractors, and members of the public.
What steps can you take to prevent sexual harassment in your workplace?
The EHRC has released official guidance on what you can do to help prevent sexual harassment in your workplace. This includes:
Having robust anti-sexual harassment policies that you review regularly
Carrying out risk assessments to see where incidents of sexual harassment could happen and the measures you can take to prevent it
Educating your staff about sexual harassment and how they can keep themselves safe – plus how to report an incident they experience, witness or hear about
Having a clear procedure for reporting incidents and making sure you’re quick to deal with them
Making third parties aware of your zero tolerance stance towards sexual harassment
Making sure you take action against anyone who is guilty of sexual harassment
What happens if you don’t follow the new legal duty?
The point of this duty is to stop employers from waiting until an allegation happens.
You will need to be able to prove that you’re taking preventative steps. And if you can’t show that you are, your staff would have the right to complain to the authorities.
Plus, if one of your employees were to raise a sexual harassment claim and a tribunal found that you hadn’t taken any reasonable steps, they could increase the compensation you have to pay by up to 25%.
What does the new law mean for your HR policies?
While it isn’t a legal requirement to have a policy on sexual harassment, having one will show how seriously you take incidents of this nature. (Plus, the EHRC recommends it.)
Having a watertight policy on sexual harassment is not only a way of addressing unacceptable behaviour, it’s a way of clearly outlining how employees can expect you to handle complaints and incidents.
It’s important for your staff to understand your rules and expectations in the workplace. So, backing up your words with watertight documentation and processes may help prevent the likelihood of harassment cases happening – and reduce the overall risk to you and your staff.
To learn more about the steps you can take to prevent sexual harassment at work and for expert advice on updating your documentation and processes, don’t hesitate to book a free consultation with an HR expert.
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Peninsula Team Peninsula Team