Sexual Harassment – New legislation on 26th October 2024

Sexual Harassment – New legislation on 26th October 2024

On 26th October Employers will have a legal duty to take reasonable steps to prevent sexual harassment of their workers under the Worker Protection Act 2023.
Earlier this year, the Equality and Human Rights Commission (EHRC) consulted on a revised version of its 2020 technical guidance covering these new responsibilities.

Now, the Commission has published that updated guidance to help employers to:
– understand their legal responsibilities in relation to harassment and victimisation
– the steps they must take to prevent sexual harassment at work
– what they should do if harassment occurs

Available on the Equality and Human Rights Commission website, Sexual Harassment and Harassment at Work: Technical Guidance
It goes into detail on the preventative duty and on complicated areas such as third-party harassment and employer liability, harassment by a colleague outside of work, indirect discrimination and harassment of former workers.
The Commission makes clear that, if an employer does not comply with the preventative duty, it has the power to take enforcement action and it gives details of potential increases in compensation at an employment tribunal for sexual harassment.

As an Employer what should you do?
Given that you must be proactive in assessing risk, identifying action and regularly reviewing their processes, employers are advised to:

• develop and widely communicate a robust anti-harassment policy, which includes third-party sexual harassment
• carry out regular risk assessments to identify where sexual harassment may occur and the steps that will be taken to prevent it
• be aware of what is happening in the workplace and any warning signs by engaging with staff through personal meetings, surveys and exit interviews.

We can support your business with a new Sexual Harassment Policy which includes third parties and a risk assessment for small businesses.
Contact us today to ensure you remain compliant with this new legislation.
Email sam@foreshorehr.com or call 023 9298 2685