On 26 October, a new law will come into effect that will increase penalties for employers who fail prevent sexual harassment during the employment of their employees. In advance of the holiday season, new steps are being recommended.
New legislation regarding sexual harassment will be in force from 26 October 2024. This new law increases employers’ responsibilities and obligations. This law also covers third parties, such as clients and customers, and external events like conferences and parties. Due to the upcoming Christmas season, this legal change may lead to more claims due the excess alcohol and lack of inhibitions.
The new legislation is part of the Worker Protection (Amendment of Equality Act 2010). Act 2023. It states that employers are required to take “reasonable measures” to prevent sexual assault of their employees.
The new Law also includes a new penalty that can be up to 25% higher than any compensation awarded for sexual harassment in an Employment Tribunal. The new law will also include a penalty of up to 25% on any successful sexual harassment compensation award in the Employment Tribunal.
Employers can follow eight steps to demonstrate that they’ve met their duty. The eight steps are listed below.
Laura Donnelly is an Employment Law Solicitor with Martin Searle Solicitors. She says, “This week’s legislation change represents a cultural shift that actively protects workers from unwanted sexual harassing.” With our #Me Too Matters Campaign, we have actively campaigned to stamp out all forms of sexual harassment, regardless of gender identity or sexual preference.
We also want to protect employers from vexatious lawsuits. Adoption of these eight steps, along with a thorough investigation and fair treatment should ensure that they are not held vicariously responsible while also ensuring justice to both complainants as well as alleged perpetrators.
Fiona Martin is the head of Martin Searle’s Employment Law team. She says: “It’s crucial that these measures are taken seriously in order to create an equalitarian workplace where all staff members feel comfortable and supported. Workers should be able to report any sexual harassment they perceive, whether it is directed towards them or a third party. It is important to tell someone that you don’t approve of their behavior in order to prevent it from escalating.
“Risk assessment is necessary and employers are likely to conclude that excessive alcohol consumption leads to bad behavior. You may want to consider limiting the number of free drinks offered at your upcoming Christmas party. Instead, you could offer more non-alcoholic drinks and include guidelines about unacceptable behavior on the invitation.
Eight steps employers can take to stop sexual harassment in the workplace
- Step 1: Create a policy that clearly states sexual harassment is not tolerated. It should be sent to all organisations that provide staff, and posted on the website.
- Step 2: Engage your staff so that they know they can report any sexual harassment, and the consequences of violating the policy.
- Step 3: Assess the risk and reduce it in the workplace. This can be done by assessing the factors that increase the chances of sexual harassment and reducing them using exit interviews, surveys, absence reviews, and keeping track of formal and informal complaints.
- Step 4: Reporting. Use online or independent phone lines to make anonymous reports and keep confidential records that can be identified.
- Step 5: Train all employees, regardless of their level. Also provide refresher training. Senior employees must set the tone for the anti-harassment message.
- Step 6: How to handle a harassment complaint – promptly, fairly, and in line with the company’s policies. You may need to contact the police. Settlement Agreements are only appropriate when necessary and lawful.
- Step 7: Handling harassment by third-parties – by putting into place reporting mechanisms when there is harassment from customers or clients.
- Step 8: Monitor any actions and evaluate them to determine their effectiveness. Survey and note any changes in trends.
The original version of this article Employers’ advice as new law on sexual harassment comes into effect this week appeared first on Human Resources News.
