Amendment to the Worker Protection Act: New duties to prevent sexual harassment
New duties to prevent sexual harassment
The new proactive requirement for employers to take reasonable measures to prevent workplace sexual harassment will take effect on 26 October 2024. Whilst majority of our members will be aware of the forthcoming changes, below is a quick recap of background and what they need to consider.
EHRC 2018 Turning tables report demonstrated that:
- 3 in 4 respondents experienced sexual harassment at work
- Almost all of those with experiences of sexual harassment above were women
- 1 in 4 were harassed by a third party
- 1 in 2 hadn’t reported harassment
Before October 2024: Sexual harassment is already unlawful under the Equality Act 2010. Employers can defend claims of sexual harassment if they can show that all reasonable steps had been taken to prevent it from occurring. EHRC could take enforcement action in relation to breaches of Equality Act 2010.
After October 2024: Employers are now under statutory duty to proactively prevent sexual harassment from occurring. Employment tribunals can increase compensation to employees claiming. Employees can report breaches of duty directly to EHRC although a breach of duty to prevent is not enough to make a tribunal claim on its own. As above EHRC can take enforcement action in relation to breaches of Equality Act 2010 – including this specific duty (i.e. not taking reasonable steps to prevent).
Sexual harassment occurs when a worker is subject to unwanted conduct that is related to a protected characteristic and has the purpose or the effect of:
- violating the worker’s dignity, or
- creating an intimidating, hostile, degrading, humiliating or offensive environment for that worker
- And is sexual in nature
Behaviour is or could be considered sexual harassment even if:
- It only happened once
- The person experiencing harassment did not address it there and then
- The perpetrator did not mean to ‘harass’
- The conduct was not ‘physical’- it can be verbal and behavioural
- The behaviour was directed at someone of the same gender or sex
- It happened outside of work
- Wasn’t motivated by sexual desire
Employers should:
- Carry out a risk assessment to find out more and consider what reasonable steps they may need to take – depending on outcome.
- Act on findings of the above to address areas of risk.
What is reasonable will vary between employers of different sizes and nature of work environment, however it includes:
- Having sexual harassment policy in place
- Making staff aware of the policy and reporting mechanisms
- Carrying out regular training on sexual harassment
- Other steps based on risk assessment and guidance
You can find out more:
Do you need non-legal advice and information on this topic? Get in touch with helpline@taipawb.org