While you may already have policies in place to prevent sexual harassment, they are likely to be inadequate under new laws.
The new Worker Protection Act comes into force on 26 October. It means the onus is on employers to prevent sexual harassment in the workplace. It’s no longer enough to say you’ve taken ‘reasonable steps’ to prevent harassers from committing sexual harassment.
This follows official government figures that show more than a quarter of people who experience sexual harassment do so at work.
Employer’s duties under new sexual harassment laws
Failing to comply to new legislation could lead to bigger penalties for employers. And it could also lead to more interventions from courts. The main outcomes could include:
Increased compensation payments. Employment tribunals could make a finding of harassment in the course of sexual harassment. If the employer has failed to positively comply to the new legislation, compensation payments could increase by up to 25 per cent! The new Labour government has enforced tougher requirements to take ‘all reasonable steps’ to prevent sexual harassment. How this will be interpreted remains to be seen, but it will be broader than current and previous laws. That means employers must be able to demonstrate they did all they could to prevent sexual harassment.
Human rights court action. The Equality and Human Rights Commission (ECHR) could require employers enter a binding agreement. This would mean you would have to commit to the court to bring about change.
Damage to reputation. Recent revelations about former Harrods owner Mohamed Al Fayed highlight what harassment actions can do to a business’s reputation. Even though its former boss died in 2023, its current MD has been forced to publicly apologise for not doing enough to protect workers. The fallout is likely to continue to damage the company’s reputation.
What should I do?
You should be taking steps now to ensure you comply with new sexual harassment legislation from the first day of its implementation. If you haven’t thought about it or are unsure about the laws, reach out to one of our experts today.
Some of the steps you can take to adhere to the Worker Protection Act include:
A sexual harassment policy. You must have clear measures in place that set out a zero-tolerance approach to sexual harassment and expectations of employees. Think about appointing a person who employees can report harassment claims to. This is similar to a whistleblower officer.
Provide training. Consider arranging training for all staff about sexual harassment. This should outline expected standards of behaviour and how to report such cases.
Third party obligations. This is a big part of the new legalisation: how do you protect your staff from third party suppliers? Adding obligations to contracts and creating a supplier’s code of conduct will demonstrate a zero-tolerance approach to sexual harassment.
Carry out risk assessments. Demonstrating that you have considered scenarios where team members may be at risk of sexual harassment is essential. By carrying these out, you will become more aware of areas where such harassment might be more likely. You can then take steps to help prevent such cases.
One size doesn’t fit all
These are just a few examples of how your business can implement the new laws. But one size won’t fit all. It makes sense to enlist the help of experts to take preventative steps for your business. You can speak to our experienced team today.
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