UK Employers have just days to implement new measures in order to protect their employees from sexual harassment at work, according to new legislation.
The changes are part of the Workers Protection (Amendment of Equality Act 2010, 2023 Act, which imposes a duty of prevention on companies, or they will face financial penalties and possible action by the Equality and Human Rights Commission.
Businesses will be required, under the new legislation that comes into effect on 26 October, to take proactive steps to protect their employees against harassment. This marks a change from a reactive approach to a more proactive one. It includes taking preventative measures such as risk assessments and updating policies in the workplace to reflect new obligations.
If you fail to comply with these requirements, there could be legal consequences. For example, a successful sexual harassment claim at an employment tribunal may result in an increase of compensation up to 25%.
New legal requirements for employers
Philip Pearson-Batt Senior Associate, HR and Employment firm Precept stressed the importance for employers to prepare for the new rules that will come into force later this month. He suggested that employers should start by performing regular risk assessments, focusing on sexual harassment. They can then update their policies and procedures.
“As we move into the last quarter of this year, there are some big changes that every business owner should be aware of,” he said.
It is important that we are all aware of the expectations.
Workplace training and culture: Importance
Precept recommends businesses invest in comprehensive and regular staff training to ensure employees are aware of sexual harassment and know how to report concerns. To remain effective, the training must be tailored to meet the needs of the business and updated regularly. Senior leaders and managers should clearly communicate that harassment is not tolerated and make sure all complaints are dealt with appropriately and quickly.
Philip Pearson-Batt said, “It’s important to create an environment where employees feel comfortable coming to you to discuss potential sexual harassment. This culture should be created from the top.” Be aware of any signs or symptoms that may indicate sexual harassment. Has someone’s behavior at work suddenly changed, for example? Do they take more time off? Try to find out what’s going on if you notice these changes.
If you ever have any doubts, there are people who can help. The Equality and Human Rights Commission’s website is a good place to start. It has detailed instructions on how you can comply with this duty.
