The Worker Protection (Amendment of Equality Act 2010) Act 2023, which received royal assent a few weeks ago and will come into effect in Autumn 2024, signals a major shift in sexual harassment laws, with very new responsibilities for employers.

Until now the onus on reporting sexual harassment in the workplace has generally fallen on the individual being harassed. Often the behaviour complained of is out of sight, without witnesses, and the individual has to prove that the conduct was unwanted. It is unsurprising that people put in this situation often choose not to proceed, making it more likely that the perpetrator will do it again – to the same person or to someone else.

The new law seeks to move employers from a culture of redress to one of prevention by creating a preventative duty: a requirement that employers take reasonable steps to prevent sexual harassment from happening to their employees in the course of their employment. In the same way that health and safety laws work with workplace hazards that might pose a risk to staff wellbeing, the onus will now fall on the employer to prevent it from happening in the first place.

This means more than just having clear policies, training, and impartial investigations into reported harassment, although these will of course be a given. Under the new laws, the Equalities and Human Rights Commission will be able to take enforcement action against employers who breach this duty, and businesses will be liable to individuals as part of wider sexual harassment claims at an employment tribunal. Compensation may be increased by 25% where employers are shown not to have taken reasonable steps.

This new law requires employers to be more proactive in their approach to the risk of sexual harassment in the workplace and in a Law Gazette article written by Samantha Mangwana, Strategy Lead at Byrne Dean, the steps that she recommends include:

Make sure that you have Board buy-in to the decision to be proactive – maybe identify someone at board level to take responsibility for delivering on the decision;
Conduct a risk analysis – treat sexual harassment as you would any other physical or mental health and safety risk.
Conduct a cultural review – where are the gaps and/or risks in your current culture?
Review your current policies and ensure that yours do more than list prohibited behaviours. Be clear how you expect your people to behave.
Roll out relevant training making it clear that eradicating sexual harassment is everyone’s responsibility – not just HR’s!

All of the above will help and is more likely to create a genuine speak-up culture that doesn’t simply pay lip service to the idea, but generates in all employees the trust that all complaints will be taken seriously and one that reassures them that there will be accountability following their complaint.

We'll be discussing this new legislation and other key employment law updates for 2024 at our Spring Summit on Thursday 21st March. Find out more about the event here and reserve up to six free spaces for your team.

Shift in sexual harassment laws