The new law on workplace sexual harassment is not known to many senior managers

As the UK government’s updated workplace sexual harassment law takes effect on 26 October 2024, new research by education charity Let Me Know (LMK) reveals gaps in awareness among company managers and employees.

More than a quarter (29%) of senior managers and 41 percent of middle managers surveyed said they had heard little or nothing about the legislation, which requires employers to take reasonable steps to prevent sexual harassment at work. More than half of employees (51%) also reported limited awareness of the new regulations.

The legislation, an amendment to the Equality Act, introduces a preventative duty for employers, making them liable for harassment incidents even if no report has been made. This duty aligns with enforcement powers granted to the Equality and Human Rights Commission (EHRC), which can take action against organisations failing to meet this standard. Despite these high stakes, the survey results indicate that many organisations are not yet equipped to meet the new requirements.

The Cost of Workplace Conflict

The lack of preparedness for the new law comes as workplace conflicts continue to take a toll on the UK economy, with research indicating an annual cost of approximately £28.5 billion—around £1,000 per employee. The financial impact is driven in part by 485,800 resignations and 1.7 million disciplinary actions each year due to workplace issues.

Louise Price, Partner and Head of Employment Law at Hugh James, commented, “The new duty is a critical turning point in protecting employees and ensuring safer work environments. The obligation for employers to actively prevent sexual harassment can only be achieved by embedding real cultural change, starting with clear policies, comprehensive training, and transparent reporting mechanisms. Employers who don’t take this seriously will not only risk legal repercussions but also their reputation and employee wellbeing.”

True Action and Lip Service

Ray Silverstein, Partner at Browne Jacobson, said, “With recent surveys showing that over a quarter of those subjected to sexual harassment suffer sexual harassment at work, this significant piece of legislation makes it imperative that organisations take decisive action now to protect their staff and themselves.

“The success of this legislation in reducing workplace harassment will depend on organisations taking active steps now to actualise change rather than merely paying lip service to these new requirements. All employers must demonstrate more than just a simple tick-box approach to show they took anticipatory action to prevent sexual harassment at work which includes the work-related environment.

“This includes implementing comprehensive training programmes, refreshing/introducing relevant policies, maintaining thorough records, and establishing clear monitoring systems and conducting staff surveys and audits. In addition to the serious harm sexual harassment can cause to an individual, Employment Tribunals can award uncapped compensation with a new significant uplift to successful claimants, and the Equality and Human Rights Commission has enforcement powers.”

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