Understanding sexual harassment: Changes coming in October

Understanding sexual harassment is more important than ever for employers, especially with new laws taking effect on October 26, 2024. These changes will require organisations to take proactive steps to prevent sexual harassment and create a safer working environment. The upcoming legislation not only addresses sexual misconduct but also sets a broader standard for tackling all forms of harassment in the workplace.

Join us as we explore these important changes and discover how SafeHR can support your organisation in staying ahead of the game.

What is sexual harassment?

Sexual harassment is defined as any unwanted physical, verbal, or non-verbal conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. This can occur as a single incident or as a series of incidents.

What’s changing in October?

From 26th October 2024, a new law will come into effect requiring employers to take proactive steps to prevent sexual harassment of their employees and workers during the course of their employment. This legislation specifically addresses sexual harassment, placing a greater responsibility on employers to ensure a safe working environment.

What happens next?

The Equality and Human Rights Commission (EHRC) consultation closed on 6th August, and the new law will come into force on 26th October. This new duty to take reasonable steps to prevent sexual harassment was enacted by the previous Conservative government but is only now being implemented.

While the law focuses specifically on sexual harassment, employers are encouraged to adopt a similar approach to all forms of harassment, including racial and sexual orientation harassment. The new Labour government has hinted at the possibility of extending these duties to cover additional forms of harassment in the future, although specifics are yet to be announced.

What happens if employers don’t comply?

If an employer fails to take reasonable steps to prevent sexual harassment, and an employee subsequently experiences harassment at work, any compensation awarded by an employment tribunal could be increased by up to 25%. Additionally, the EHRC has the authority to take enforcement action against employers who neglect their responsibilities.

What harassment does the new law cover?

The new law specifically addresses sexual harassment directed at employees or workers during their employment. Notably, it encompasses not just harassment from colleagues but also incidents involving third parties, such as customers, clients, contractors, and members of the public.

What should employers do?

According to draft guidance from the EHRC, employers should not wait for an incident to occur before taking action. Instead, they should proactively anticipate scenarios where staff may be vulnerable to sexual harassment. This proactive approach is likely to involve:

• Assessing all circumstances in which employees may be at risk of harassment
• Conducting thorough risk assessments
• Outlining steps to reduce or eliminate identified risks
• Maintaining records of all harassment incidents
• Regularly reviewing the situation to ensure measures are effective

Employers should also consider the risks posed by individuals outside the workplace, including customers and visitors. Particular attention should be paid to high-risk areas, such as lone working and client visits.

Encouraging employees to report incidents of harassment—whether they have experienced it or witnessed it—is crucial. Keeping detailed records of all such incidents can highlight risk areas for improvement and provide evidence of compliance with the new duties.

Additional measures to prevent third-party harassment

Since current policies primarily protect employees from harassment by colleagues, it’s vital to develop strategies to prevent harassment from third parties. Consider the following measures:

• Avoid allowing staff to work alone in situations where sexual harassment is likely to occur.
• Adopt a “zero tolerance” approach, clearly communicated through signage, announcements, and messages.
• Encourage staff to report all incidents of sexual harassment they experience or witness.
• Provide training for staff on how to keep themselves safe and how to intervene safely if they witness sexual harassment.

What are “reasonable steps”?

The draft EHRC guidance suggests that what constitutes “reasonable” actions will differ based on an employer’s size, sector, working environment, and available resources. Nonetheless, all employers should consider:

• Updating policies and procedures regarding sexual harassment, including outlining expected behaviours and complaint processes.
• Providing staff training and refresher courses.
• Offering management training.
• Continuously reviewing the effectiveness of policies and training initiatives.

At SafeHR, we understand the need to stay ahead of these changes to protect both employees and the organisation. We aim to provide businesses with the knowledge and tools to navigate these new requirements effectively. By acting proactively, businesses can comply with the new regulations while fostering an environment where all employees feel valued and safe.