It’s Time to Address the New Sexual Harassment Laws

By Shakira Joyner – Personology

10 Things All Employers Need to Consider Right Now

From the 26th of October 2024, employers of any size in England, Wales and Scotland have a specific duty to take reasonable steps to prevent sexual harassment of workers in the course of their employment – including sexual harassment by the organisation’s own workers, as well as third-parties such as clients and suppliers.

Below is a list of everything employers should be doing right now, to ensure their organisations are compliant with their new responsibilities.

1. Understand the New Legal Duty
   • Familiarise yourself with the new legal duty under the Worker Protection Act 2023 and EHRC guidance, which requires proactive steps to prevent sexual harassment.
2. Address Third-Party Harassment
   • Ensure measures are in place to protect employees from harassment by third parties, such as clients or customers, through training and clear communication of policies.
3. Conduct Sexual Harassment Risk Assessments
   • Perform regular risk assessments to evaluate the risk of harassment in different parts of the Organisation and take steps to mitigate identified risks.
4. Review and Update Policies
   • Ensure anti-harassment and anti-bullying policies are robust, inclusive, and accessible, addressing both employee and third-party harassment with clear reporting procedures.
5. Provide Comprehensive Training
   • Deliver anti-harassment training for all staff, especially line managers and senior leadership, and ensure this training is regularly updated and part of onboarding.
6. Listen to Employee Feedback
   • Use data such as complaints and anonymous surveys to identify harassment risks and hotspots, and conduct feedback sessions or exit interviews to address concerns.
7. Implement Follow-Up Actions from Assessments
   • Take reasonable steps based on the results of risk assessments, considering factors like the Organisation’s size, work environment, and specific risks.
8. Establish Clear Reporting Mechanisms
   • Provide clear, accessible routes for reporting harassment, allowing informal and formal options, and ensure incidents are investigated promptly and confidentially.
9. Make the Business Case for Prevention
   • Highlight the commercial benefits of preventing harassment, such as improved employee morale, reduced turnover, and avoidance of costly legal disputes.
10. Ensure Ongoing Compliance and Focus
    • Regularly review policies, conduct risk assessments, and provide training to ensure compliance with the duty to prevent sexual harassment remains a continuous effort.

Investigations into sexual harassment can be both expensive and time-consuming. If sexual harassment results in legal action, the costs are significantly higher if proactive measures to prevent sexual harassment were not in place from the start.

There’s a lot to consider in these recent employment law changes. If you’d like the support of an independent HR consultant, the team at Personology are always ready to support your business through changes and ensure your HR maintains compliance with these evolving employment laws.