Sexual harassment: the new law for employers

For the safety of employees, businesses must take accountability and be proactive in the fight against sexual harassment, violence and abuses of power. And with a new law coming at the end of this month, now is the time to implement those critical HR processes and take a stand…

A new HR law will require all businesses to be taking action if they aren’t already.

From 26th October 2024, your measures for preventing sexual harassment at work will need to step up.

Because from this date, it will be a legal requirement for you to set up specific measures in your workplace to help prevent incidents of sexual harassment. This new law applies to all businesses, whatever the size.

What is sexual harassment?

Sexual harassment is any kind of unwanted behaviour of a sexual nature which makes someone feel intimidated, degraded, humiliated, or offended.

There are lots of different ways someone can (sometimes unknowingly) sexually harass another person and it’s not always physical. Sexual harassment can also be verbal.

What is the new law on sexual harassment?

Currently, a tribunal can hold you accountable if your employee raises a sexual harassment claim.

But if you can show you took all reasonable steps to prevent sexual harassment in your workplace from happening, you may be able to defend yourself. At present, while you can defend a claim by showing you've taken all the right steps, it is not currently a proactive requirement to take those steps.

However from 26th October, this is changing. From this date, it will become a legal duty for you to be taking “reasonable steps” at work to prevent sexual harassment from happening. This includes harassment by third parties.

What steps can you take to prevent sexual harassment in your workplace?

The EHRC has released official guidance on what you can do to help prevent sexual harassment in your workplace. This includes:

• Having robust anti-sexual harassment policies that you review regularly
• Carrying out risk assessments to see where incidents of sexual harassment could happen and the measures you can take to prevent it
• Educating your staff about sexual harassment and how they can keep themselves safe – plus how to report an incident they experience, witness or hear about
• Having a clear procedure for reporting incidents and making sure you’re quick to deal with them
• Making third parties aware of your zero tolerance stance towards sexual harassment
• Making sure you take action against anyone who is guilty of sexual harassment

What happens if you don’t follow the new legal duty?

The point of this new duty is to stop employers from waiting until an allegation happens.

You will need to be able to prove that you’re taking preventative steps. And if you can’t show that you are, your staff would have the right to complain to the authorities.

Plus, if one of your employees were to raise a sexual harassment claim and a tribunal found that you hadn’t taken any reasonable steps, they could increase the compensation you have to pay by up to 25%.

What does the new law mean for your HR policies?

While it isn’t a legal requirement to have a policy on sexual harassment, having one will show how seriously you take incidents of this nature. (Plus, the EHRC recommends it.)

Having a watertight policy on sexual harassment is not only a way of addressing unacceptable behaviour, it’s a way of clearly outlining how employees can expect you to handle complaints and incidents.

It’s important for your staff to understand your rules and expectations in the workplace. So, backing up your words with watertight documentation and processes may help prevent the likelihood of harassment cases happening – and reduce the overall risk to you and your staff.

To learn more about the steps you can take to prevent sexual harassment at work and for expert advice on updating your documentation and processes, don’t hesitate to book a free consultation with an HR expert.