The law on preventing sexual harassment is changing on 26 October 2024. By law, all employers will need to take positive steps to prevent sexual harassment at work. This is a big legal change and something that all businesses who employ staff need to be aware of.

Sexual harassment has a significant impact on employee mental health and wellbeing. In 2021 the government conducted a consultation which showed that 54% of employees had experienced sexual harassment at work, so this really is a big issue to tackle.

The Equality and Human Rights Commission has produced some technical guidance on the topic and the new obligations on employers to take reasonable steps to prevent sexual harassment of workers. Businesses may find it helpful to read through this guidance which can be found here https://www.equalityhumanrights.com/guidance/sexual-harassment-and-harassment-work-technical-guidance .

Understanding these changes will be crucial for fostering a safe and respectful work environment.

It is impossible to cover the full scope of the new law in a single blog, but we have put together a straightforward breakdown of what you need to know and how to prepare. 

The new legal duty on employers

Under the new legislation, employers will be legally required to take proactive steps to prevent sexual harassment in the workplace. This duty is designed to ensure that businesses not only respond to incidents but actively work to prevent them from occurring.

What does this mean for employers?

• Employers must now implement policies, training, and systems to prevent harassment before it occurs. Simply having a "zero-tolerance" statement is no longer enough.
• Employers could be held liable for harassment committed by their employees if they fail to take reasonable steps to prevent it.
• It will be essential to review and update anti-harassment policies, make sure all employees are trained on these issues, and ensure there are effective processes for handling complaints.

Steps that can be taken

• Regular anti-harassment training: Employers should consider implementing annual or bi-annual training on sexual harassment for all staff members.
• Clear reporting mechanisms: Ensure that employees know how to report harassment and that complaints will be handled confidentially and efficiently.
• Management involvement: Leaders and managers should receive enhanced training to spot early signs of harassment and respond promptly.

Third-party harassment returns 

After having previously been removed from the Equality Act in 2013, third-party harassment protections are returning under the new law. This means that employers may be liable if employees are harassed by third parties—such as customers, clients, or suppliers.

What does this mean for employers?

• Employers must take reasonable steps to protect employees from harassment by individuals who are not directly employed by the business.
• This could include actions like training staff on how to handle difficult situations with clients or ensuring a safe environment during customer interactions.

Steps that can be taken

• Do a risk assessment: Businesses that frequently interact with the public, such as retail, healthcare, and hospitality, will need to be particularly vigilant.
• Have clear written policies: Make sure your harassment policies include provisions for third-party harassment and outline how employees should report it.
• Support employees: Ensure that employees know they will be supported if they experience harassment from a third party.

The new duty to prevent sexual harassment

This law introduces a “duty to prevent” harassment, which shifts some of the burden from employees proving harassment to employers demonstrating they took preventative measures. Employers could face fines if they are found not to have complied with this duty.

What should employers do?

• Proactively review workplace culture: Ensure that the work environment encourages respect and inclusivity.
• Promote open communication: Create a culture where employees feel safe speaking up about inappropriate behaviour, without fear of retaliation. 

Employment Tribunal changes

While employees have long been able to bring claims for sexual harassment to Employment Tribunals, this new law will likely promote an increase in claims if companies fail to comply with their new duties. Tribunals will now have the authority to:

• Award compensation not only for actual harassment but also for failing to take preventative steps.
• Impose fines on employers if they are found to have ignored the new legal duty.

A further, major change, under this law is the extended timeframe within which employees can bring harassment claims to an Employment Tribunal. At the moment, employees have just three months to bring forward a sexual harassment claim. Under the new law, this period may be extended in certain cases, giving victims more time to come forward.

Practical guidance for employers

• Review your current policies on harassment and update them in line with the new law.
• Train your workforce on the changes, ensuring everyone understands the new expectations.
• Set up proper reporting channels that protect confidentiality and ensure action is taken promptly.
• Monitor and review your harassment prevention measures regularly.

The new sexual harassment law coming into effect on 26 October 2024 imposes a greater duty on employers to prevent harassment before it happens and provides stronger protections for employees.

For employers, the key takeaway is to be proactive, not reactive . Reviewing policies, providing regular training, and fostering a positive workplace culture are essential steps to avoid liability under the new law.

If you have any questions or need assistance in navigating these changes, feel free to contact Sarah Naylor, Head of Commercial and Dispute at sarah.naylor@switalskis.com or call 01302 320621 for expert legal advice tailored to your business needs.