From October 2024, UK employers will have a legal duty to prevent sexual harassment in the workplace, marking a significant shift in workplace protections. This change, introduced through the Worker Protection (Amendment of Equality Act 2010) Bill, places proactive responsibilities on employers to ensure their environments are safe and inclusive.
Employers who fail to meet these new standards could face serious legal and financial repercussions. More importantly, businesses risk damaging their reputation and trust with employees and clients.
What’s Changing and Why?
The legislation brings two major changes:
- A New Preventive Duty:
Employers will need to show they have taken “all reasonable steps” to prevent sexual harassment in their workplace. This includes updating policies, delivering training, and creating an environment that discourages inappropriate behavior before it happens. - Third-Party Harassment Liability:
Businesses can now be held responsible for harassment carried out by third parties, such as customers, contractors, or suppliers, if they fail to take preventive measures.
These changes are designed to reduce incidents of sexual harassment while empowering employees to raise concerns confidently.
What Does ‘Reasonable Steps’ Mean for Employers?
Under the new law, reasonable steps will vary depending on the size, resources, and risks of your business. However, employers are expected to:
- Have Clear Anti-Harassment Policies: Your workplace policies must outline what constitutes harassment and the consequences for offenders.
- Provide Regular Training: Educate managers and staff to recognise, prevent, and address inappropriate behaviours.
- Set Up Safe Reporting Channels: Employees must have clear, accessible, and confidential ways to report harassment.
- Respond Swiftly: Investigate complaints promptly and fairly, ensuring outcomes are communicated appropriately.
Failing to meet these requirements could result in claims of non-compliance, so it’s essential to begin preparation now.
Why You Should Act Now
This isn’t just about avoiding legal penalties. Proactively addressing harassment has several advantages for employers:
- A Stronger Workplace Culture: Taking a stand against harassment builds trust and shows employees their safety and wellbeing are priorities.
- Improved Employee Retention: Employees are more likely to stay in workplaces where they feel valued and respected.
- Risk Mitigation: Preventing harassment protects your organisation from costly legal disputes and reputational harm.
Delaying action could mean scrambling to meet compliance requirements while facing potential claims under the new laws.
Steps to Take Now
To prepare your workplace, consider these practical actions:
- Review and Revise Policies:
Are your anti-harassment policies clear, accessible, and up-to-date? Ensure they explicitly address third-party harassment and outline reporting mechanisms. - Conduct Comprehensive Training:
Organise sessions for employees and managers that cover harassment awareness, prevention, and response. Remember, regular refreshers are key to embedding this knowledge into your workplace culture. - Strengthen Reporting Processes:
Ensure employees know how to raise concerns and trust that their complaints will be taken seriously. - Monitor and Evaluate Workplace Culture:
Regular feedback through surveys or informal discussions can help identify potential issues before they escalate.
Understanding Third-Party Harassment
The inclusion of third-party harassment in the legislation is a game-changer. Employers are now responsible for protecting employees from harassment by people outside their organisation, including clients, suppliers, and the public.
This means taking additional precautions, such as:
- Introducing client-facing policies that discourage inappropriate behaviour.
- Training employees to handle difficult interactions with third parties.
- Ensuring procedures are in place to support staff who experience harassment.
The Bigger Picture: Fostering Inclusivity
While compliance with the law is essential, the true goal is creating a workplace that thrives on respect and inclusivity. A proactive stance against harassment doesn’t just protect your business; it fosters a positive and productive environment where employees feel safe and empowered.
Need Help? Support Is Available
Navigating these changes can feel overwhelming, but expert advice is at hand. Employment law specialists and HR advisors can guide you in:
- Implementing effective policies.
- Delivering impactful training.
- Meeting your legal obligations under the new duty.
Take Action Today
With October 2024 already behind us, now is the time to assess your workplace practices and make the necessary changes. By taking action early, you can reduce risks, protect your employees, and build a more supportive and compliant workplace.
The changes may be challenging, but they are an opportunity to lead the way in fostering respect and safety across industries.
HR Team offers expert assistance in developing and implementing effective harassment policies, tailored training programs, and comprehensive support to ensure your organisation meets all compliance standards. By partnering with HR Team, businesses can confidently navigate these legal changes, foster a culture of respect, and maintain a harassment-free workplace for all employees.
Contact HR Team today to learn more about how our services can help your business create a safe, inclusive, and legally compliant work environment.
