Category: News
New Legislation Requires Employers to take Steps to Prevent Sexual Harassment
On 26 October 2024 the new Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force. The Act introduces a new positive legal obligation on employers to take reasonable steps to protect their workers from sexual harassment. If an employer breaches the preventative duty the Equality and Human Rights Commission (EHRC) will have the power to take enforcement action against the employer. Employment tribunals will also have the power to increase compensation for sexual harassment by up to 25%.
Reasonable Steps
Employers will need to be able to show, in the event of a complaint to the EHRC or Employment Tribunal, that they took reasonable steps to have prevented the harassment from taking place in order to avoid liability. The EHRC technical guidance sets out what such reasonable steps look like.
Anti-Harassment Policy
According to the EHRC employers should have “a good anti-harassment policy” that (among other things):
- confirms who the policy covers
- states that sexual harassment, harassment and victimisation are unlawful and will not be tolerated
- states that harassment may lead to disciplinary action up to and including dismissal if committed:
- in a work situation
- during any situation related to work such as at a social event with colleagues
- against a colleague or other person connected to the employer outside of a work situation, including on social media or
- against anyone outside of a work situation where the incident is relevant to their suitability to carry out the role.
Please get in touch with us for further help with providing or updating your Anti Harassment Policy.
Training
The EHRC guidance states that workers should be provided with training that addresses types of harassment. All workers require guidance on issues such as acceptable behaviour, recognising harassment and what to do if they experience or witness it. Employers should keep records of who has received the training and ensure it is refreshed at regular intervals.
The short video below is an introduction to our CPD accredited online training course on Sexual Harassment in the Workplace. It demonstrates how this training will help prevent employers explain to staff what sexual harassment is and what to do in the event of experiencing or witnessing it. It also covers having an effective policy in place.
If you would like a free trial of the course you can CLICK HERE and opt for a free trial. This will provide access to the first module of the course for free. If you then decide to complete the course for £35 + VAT your data will be saved and you will be able to download your certificate. Please contact us on 01722 325833 for more information, or email info@access2hr.co.uk.