Sexual Harassment Update

We’ve had some significant updates regarding workplace safety and equality that every employer and employee should be aware of. A new sexual harassment clause has been introduced within the Equality Act 2010, aiming to further protect workers and hold employers accountable for creating safe working environments.

At the end of October, the Worker Protection (Equality Act 2010 Amendment) will become law.

Whilst we welcome this new piece of legislation, it seems wild to us that this has only just become legislation. Let’s break it down and explore what this means for you and your workplace!

The Changes: A Step Forward, but Room for More

The updated Equality Act introduces a new legal duty that requires employers to take reasonable steps to prevent sexual harassment in the workplace. This is known as the “preventative duty”. For the first time, employers now have a proactive legal obligation to safeguard their staff from sexual harassment, which includes:

• Implementing clear, effective policies

• Providing sexual harassment training for all employees

• Ensuring there are proper reporting mechanisms in place

While this is an essential step in the right direction, some had hoped for more robust measures. For instance, the original proposal included an obligation on employers to prevent third-party harassment, such as sexual harassment from clients, visitors, or contractors. However, this provision was dropped from the final legislation. Despite this, the EHRC’s technical guidance still encourages employers to treat third-party harassment as seriously as harassment from within the workplace .

The Data Speaks Volumes

Sexual harassment at work remains a issue. In 2020, the Government Equalities Office conducted a survey which found that nearly one-third of employees had experienced some form of sexual harassment in their workplace or in a work-related environment in the previous 12 months alone . The introduction of the preventative duty is an effort to curb these numbers by ensuring employers are actively preventing and addressing sexual harassment before it escalates.

Baroness Kishwer Falkner, Chair of the EHRC, stated, “Employers will need to take reasonable steps to safeguard their workers. We have updated our guidance to ensure they understand their obligations and the kinds of steps they can take.” This guidance aims to help organisations of all sizes develop strategies to prevent sexual harassment from happening in the first place.

What Does “Reasonable Steps” Actually Mean?

The term “reasonable” in this context might feel a bit vague, how are we able to know waht that means. It originally read as “all reasonable steps,” but has since been revised to just “reasonable steps.” What’s considered reasonable will depend on your workplace setting, size of your work force, the type of clients, or customers. We can be sure that it means that steps employers take should be practical, effective, and proportionate to the potential risk involved. For example, a small business may not need to implement the same level of training and procedures as a large corporate organisation, but both need to demonstrate that they are taking sexual harassment seriously.

What Practical Steps Can Employers Take?

Develop and Enforce a Strong Policy

Draft a clear anti-harassment policy that covers all forms of harassment, including sexual harassment and third-party harassment. This policy should be accessible and easy to understand, it starts at governance and ensuring that the policy is a working document. Evidence that all employees and future employees have read and understood the policy.

Training

Mandatory sexual harassment training should be provided to all employees, from junior staff to senior management. This training should cover what constitutes harassment, how to report it, and what the consequences are.

Culture of Safety

Encourage a culture where everyone feels safe to report incidents. Employees should know how and where to report any concerns, and they should be confident that reports will be taken seriously. After- Care and support should also be provided following a disclosure.

Monitor and Record Incidents

Like all safeguarding issues, it’s important to monitor, document, and manage reports of sexual harassment centrally. Employers must track any complaints and the actions taken to address them.

Conduct Regular Risk Assessments

Risk assessments help organisations identify potential vulnerabilities. These assessments should focus on areas where harassment is more likely to occur and put preventative measures in place to mitigate risks.

What If There’s a Breach of Duty?

The consequences of failing to take reasonable steps to prevent sexual harassment are not just about monetary penalties. The EHRC has the power to:

• Investigate employers if there’s evidence that the preventative duty has been breached.

• Issue unlawful act notices, compelling employers to take corrective actions if they’re found to be non-compliant.

This means that workplaces cannot afford to be passive in their approach. Employers must take active steps to protect their staff, or they risk serious repercussions from the EHRC.

What About Third-Party Harassment?

While the final version of the law does not include the specific requirement for employers to prevent third-party harassment, it’s crucial to treat this as seriously as in-house harassment. The EHRC’s technical guidance still encourages employers to take reasonable steps to safeguard workers from harassment by clients, customers, and other third parties. This proactive approach will help create a safer and more respectful work environment for everyone.

Key Takeaways: How to Protect Your Team

Here’s a quick overview of the new sexual harassment clause and what workplaces should know and do:

• The Equality Act has been updated to include a preventative duty requiring employers to take reasonable steps to stop sexual harassment.

• Employers must train staff, create clear reporting processes, and monitor incidents.

• Third-party harassment isn’t directly covered, but employers are encouraged to handle it seriously, as outlined by the EHRC.

• The EHRC can investigate and take enforcement action against non-compliant employers.

• Letting your employees know that this is not just about the law, but you care too, creating an authentic culture of safety really does improves productivity and staff retention. You set a social stand to the wider community too.