Considering we can spend up to 40 hours a week at our place of work, it should be somewhere that offers a sense of safety. A place where everyone can confidently go to without unwanted sexual advances, whether physical or verbal.
The Equality Act 2023 is already in place. But further changes will be introduced for employers to have a more proactive duty in preventing sexual harassment in the workplace from the 26th of October 2024.
Both employers and employees must be aware of these amendments to protect themselves and others. So, we’ve pulled together all you need to know. In this article, we’ll cover the current expectations of employers, the new duties coming into place, and what is deemed as ‘reasonable steps’.
Your Current Duty of Care Expectations
As an employer, you have a duty of care over how your staff are treated. If an instance of sexual harassment does occur, there are two ways a claim can be brought forward within a work environment. The first is against the employer. Employers are liable for the behaviour of their employees “in the course of employment,” whether they’re aware of the situation or not.
The second is when an individual makes a claim against a colleague who is seen as the perpetrator. Employees are liable for their own behaviour, and any acts of harassment “in the course of employment” must be addressed to decide if all reasonable steps of care were in place.
Amendments to the Equality Act 2023
The Equality and Human Rights Commission (EHRC) submitted a proposal for consultation, with guidance being implemented within the UK from 26 October 2024. As of this date, the Equality Act will require employers to implement reasonable steps to prevent sexual harassment by third parties like self-employed contractors, members of the public, customers, and clients. Therefore, if an employer does not take reasonable action to prevent sexual harassment of its workers by third parties, the preventative duty will be breached.
What are Considered ‘Reasonable’ Steps?
No employer is exempt from sexual harassment preventive duty, but the EHRC has advised that what is classed as ‘reasonable’ will vary from employer to employer. This will include factors such as company size, industry, resources, working environment, present risks in the workplace, and third-party contracts.
Updated Policies
Company policies on sexual harassment within the workplace should define it, as well as how an employee can raise concerns of sexual harassment, how the complaint will be managed, and what action will be taken against the perpetrator.
Staff Training
All staff should receive adequate and regular training on what is sexual harassment and what is considered inappropriate behaviour towards others. It should also focus on how people stay safe and raise any concerns.
Managers should also receive additional training and guidance on how to handle any claims of sexual harassment, including how to handle difficult conversations and appropriately manage all parties involved.
Risk Assessment
Audits and reviews must be conducted to consider the risks of sexual harassment that might occur throughout employment. For example, who do staff come in contact with, and why? Which spaces do employees share? What are the risks of these interactions and spaces? This will indicate which preventative measures and procedures can be implemented.
A Healthy Culture
From your brand values to how your managers and influential key players interact with others, building a healthy work culture is everyone’s responsibility. Creating a community where individuals feel safe to speak up, confident to call out poor behaviour and know their concerns will be taken seriously will make a huge difference.
Clear Procedures
Whenever policies regarding sexual harassment have been reviewed and updated, these should be communicated clearly to all employees. This should be incorporated in onboarding new staff, as well as regular training for existing and returning employees.
Communication
Acknowledging a zero-tolerance approach to sexual harassment within your internal and external communications sends a clear message. From permanent and temporary staff to suppliers, contractors, and customers, everyone is aware of your stance and the consequential actions if rules are broken.
Support for Employees
Employers must provide access to support regarding matters of sexual harassment. This includes relevant literature in employee handbooks and support hubs, as well as information to internal teams and external organisations that can provide fair and unbiased advice.
Consequences for Employers if These New Rules are Breached
If an employee feels an employer has not put reasonable steps in place to protect them from sexual harassment, they can complain directly to the EHRC. Rather than going to an employment tribunal, the EHRC has the power to take enforcement action against the employer – with or without a sexual harassment claim in place.
Enforcement action from the EHRC includes:
- Full investigation of the employer.
- Issuing an unlawful notice if the employer is or has been the subject of an investigation. This confirms that an employer has breached the Act.
- An employer having to prepare an action plan setting out how they will remedy any continuing breach of the law and prevent future breaches.
- Entering into a formal, legally binding agreement with an employer to prevent future unlawful acts.
- Asking the court for an injunction to restrain an employer from committing an unlawful act.
What is Sexual Harassment in the Workplace?
Sexual harassment is when an individual is subjected to unwanted conduct of a sexual nature. This can be physical, verbal or written, and although it can be experienced in any environment, the Equality Act 2023 refers to this type of behaviour in the workplace.
This conduct often has the purpose of violating someone’s dignity or character, threatening their safe space, or impeding a person’s career. It can also create an intimidating, hostile or humiliating environment for everyone.
For Sexual Harassment Training: Icena
For training regarding sexual harassment in the workplace, we’ve partnered with Icena, Social Impact Training & Consultancy specialists, who will be able to assist you organisation with any Sexual Harassment Training matters.
Get in Touch
When followed correctly, these changes and reasonable steps can only bring confidence and reassurance to a company. Whether you’re a small business introducing these measures to a growing team or an established enterprise looking to deliver effective training and communications, CE People can assist in keeping you compliant with the Equality Act 2023.
