Important Changes: employer’s duty to prevent sexual harassment in the workplace
As of 26 October 2024, business owners have a positive duty to take reasonable steps to prevent sexual harassment in the workplace. These new regulations aim to create safer, more respectful work environments and place greater responsibility on employers to prevent harassment. Here’s what you need to know to ensure your business is compliant and prepared.
What is the new prevention of sexual harassment law?
The new law creates a positive obligation on employers to take steps to prevent sexual harassment in the workplace. Employers will have a legal obligation to take reasonable steps to prevent sexual harassment in the workplace. This is a separate and distinct duty from the existing “reasonable steps” defense against harassment claims.
Should an employer fail to comply with the new obligation they can face greater liability for failing to prevent harassment, including cases where they should have been aware of the issue and employees who report harassment will have increased protection against retaliation. Employers should also consider the implementation of stricter protocols for reporting and documenting harassment incidents.
What is the scope of the prevention of sexual harassment law?
It’s important to note that the new preventative duty:
- Applies specifically to sexual harassment;
- Does not cover harassment related to other protected characteristics;
- Does not apply to less favorable treatment for rejecting or submitting to unwanted conduct;
- Does include third parties who are in contact with your workers.
It does however relate to sexual harassment by people directly employed but also in relation to harassment from third parties, for example, customers, clients, contractors or agency workers.
What can I do to prevent sexual harassment in the workplace?
- Conduct Risk Assessments
- The Equality and Human Rights Commission (EHRC) guidance requires that compliance is unlikely without proper risk assessment. Contact the Team to request your sexual harassment risk assessment here.
- Implement Preventive Measures
- Consider what preventative measures can be implemented.
- Review and update your internal procedures.
- Address Third-Party Harassment
- Take reasonable steps to prevent sexual harassment of workers by third parties, such as clients and customers.
- Provide Comprehensive Training
- Ensure all employees receive up-to-date sexual harassment prevention training.
By taking proactive steps now, you can create a safer workplace, ensure compliance with new regulations, and protect your business from potential liability.
Remember, the specific reasonable steps required will depend on your organization’s unique circumstances. When in doubt, consult with legal professionals specializing in employment law to ensure full compliance with these new regulations.
How to Join the Waitlist
Start preparing, join the waitlist today and secure your spot for Employment Law Solution’s sexual harassment training.
Click here to sign up for the waitlist and ensure your business is ready for these important changes.
By joining the waitlist, you’ll be among the first to be notified when the training becomes available, ensuring you have ample time to complete the training before the new laws come into effect.
Prepare now to protect your business and foster a safe, respectful workplace for all employees. For more information contact our team of lawyers.
