On 26 October 2024, a new sexual harassment law came into force in the UK. The Worker Protection (Amendment of Equality Act 2010) Act 2023 obliges all employers to take reasonable proactive steps to prevent sexual harassment within their organisation.
Here, our expert HR and employment law professionals take a look at the new sexual harassment law and explain the steps an employer can take to adhere to their obligations. However, to ensure compliance, it’s essential to seek guidance from specialists like us who can advise you on what the new sexual harassment law means for your business.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
What Is The New Sexual Harassment Law UK?
The Worker Protection (Amendment of Equality Act 2010) Act 2023 imposes a new obligation on employers to take reasonable steps to prevent sexual harassment in the workplace. Sexual harassment was already prohibited by the Equality Act 2010, and many employers already implemented measures to prevent it from occurring within their organisation. However, under the new sexual harassment law, the duty is now mandatory, and employers must take pre-emptive measures to prevent sexual harassment.
What Is Sexual Harassment?
Sexual harassment in the UK is unwanted behaviour of a sexual nature that:
- Violates a person’s dignity or
- Creates a humiliating, hostile, degrading, intimidating or offensive environment for a person
Behaviour can be classed as sexual harassment if:
- It has one of the effects listed above, even if that was not the perpetrator’s intention
- The perpetrator intended for it to have one of the effects listed above, even if it did not
What Are Some Examples Of Sexual Harassment?
To be in a position to take pre-emptive steps towards preventing sexual harassment in the workplace, you need to understand what types of behaviour might constitute sexual harassment.
The term can cover a wide range of actions, such as the following:
- Asking intrusive questions about somebody’s sex life
- Making unwanted sexual advances
- Making sexual jokes
- Commenting on somebody’s appearance, body, or clothing
- Unwanted physical contact, like massaging or hugging a person
- Sending unwanted sexual content to another person
- Rape or sexual assault
Crucially, as we have explained above, the perpetrator need not have intended their behaviour to violate a person’s dignity or create a humiliating, hostile, degrading, intimidating or offensive environment for them; if that is its effect, it can constitute sexual harassment.
How Can You Ensure Compliance With The New Sexual Harassment Law UK?
The new sexual harassment law requires employers to take ‘reasonable’ steps towards preventing sexual harassment within their organisation. The measures required to fulfil this mandatory legal obligation depend on the nature and size of your organisation. For example, a large organisation with hundreds of employees and deep pockets might be expected to take more extensive measures than one with few staff and limited resources.
Examples of the steps that might be ‘reasonable’ include the following:
- Cultivating a respectful working environment to reduce the likelihood of incidents of sexual harassment occurring
- Educating your employees on the importance of everyone feeling safe and comfortable at work and your zero-tolerance approach to the issue
- Implementing effective policies addressing sexual harassment
- Ensuring your complaints and reporting procedures are clear and straightforward
- Implementing effective investigations into any reports of sexual harassment
- Supporting any employees subjected to sexual harassment
If you need guidance on the steps that might be ‘reasonable’ in your case, speak to us. Our employment law specialists will risk assess your organisation and advise on the measures you should implement to ensure compliance with the new sexual harassment law.
What Are The Potential Consequences Of Non-Compliance With The New Sexual Harassment Law?
A claim that you have breached your duty can be included in a claim for sexual harassment.
If the employee’s sexual harassment claim succeeds, the tribunal will consider whether you took reasonable steps to prevent the sexual harassment in accordance with your mandatory legal duty under the new sexual harassment law.
If the tribunal decides that you breached your duty under the new sexual harassment law, it may increase the employee’s compensation by up to 25%. Given that there is no limit on the amount of compensation a tribunal can award in successful sexual harassment claims, this uplift can be significant, particularly if the claim involves ongoing sexual harassment.
Look at our Sexual Harassment Risk Assessment to identify any factors that might put your employees at risk, and to decide which preventative measures are reasonable for you to implement to prevent sexual harassment in your workplace.
If you need advice on the new sexual harassment law, including the steps your business should take to ensure compliance, our HR and employment law experts are on hand to help. Praised by clients for our ‘reassuring’ and ‘professional’ advice, ‘no-nonsense approach’ and ‘entrepreneurial spirit’, we understand the issues small businesses face and will devise a strategy that keeps you tribunal-free in the most pragmatic, cost-effective way.
Call us now on 01491 598 600 or Click Here to Make An Enquiry and we will be delighted to help you.
