Understanding the new duty to prevent workplace sexual harassment

Updated legal responsibility

Effective from 26 October 2024, the Equality Act 2010 has been updated to require employers to take “reasonable steps” to prevent sexual harassment in the workplace.

Employees should be aware of their rights and what they can expect from their employers.

According to the Ethics at Work 2024 survey by the Institute of Business Ethics, 20% of those reporting misconduct were aware of sexual harassment in their workplace.

Key additions to workplace sexual harassment duties

Employers must now take proactive steps to prevent sexual harassment. If deemed insufficient, employers can be held responsible for employee actions.

Employers should also address any incidents to prevent recurrence, fostering cultural change in the workplace.

Liability extends to third parties like maintenance workers and includes situations such as after-work socials or employee WhatsApp groups.

What constitutes sexual harassment

Sexual harassment can be a single incident or a recurring pattern, occurring online, in person, or outside of typical working hours. It can be intentional or unintentional. Examples include:

Even comments or behaviours considered jokes or ‘banter’ can qualify as sexual harassment.

Sometimes, it’s a pervasive culture rather than targeting a single individual, like sending sexual images in a group chat.

Steps to take if experiencing workplace sexual harassment

If you experience sexual harassment at work, file a complaint with your employer, who should handle it seriously, fairly, and sensitively.

Keep a record of incidents, noting time, date, location, and witnesses, and save any relevant emails, messages, or letters.

Report the issue as soon as possible, informally to a line manager, HR, or a senior figure. If unresolved, escalate to a formal complaint via the workplace grievance procedure or raise a grievance immediately if the issue is severe.

Check your employer’s sexual harassment policy for specific steps.

If still unresolved, you may file a claim to an employment tribunal. If the tribunal finds the employer failed to protect workers, they may order a 25% uplift on compensation awards for sexual harassment.

Claims typically must be filed within 3 months minus one day of the most recent incident. In cases of criminal offences like sexual assault or rape, consider reporting to the police.

Legal and emotional support

These updates underscore the need for both employers and employees to be vigilant and proactive in creating a safe work environment.

Addressing sexual harassment is sensitive and emotional. Getting appropriate support is crucial. For proper handling of your claim, contact our team for guidance.

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