On 26 October 2024, a new legal duty will come into force, requiring all employers to take reasonable steps to prevent sexual harassment in the workplace. This duty applies to businesses of all sizes and extends beyond the traditional office environment, covering any work-related setting such as conferences, training sessions, exhibitions, and even social events like the office Christmas party.
Understanding the New Legal Duty
Employers must take active steps to prevent sexual harassment from occurring during any work-related activity. This responsibility isn’t limited to the workplace or regular working hours but includes any scenario where employees may be exposed to harassment in a work-related context.
The key to compliance is identifying the specific risks within your business. Without assessing these risks, it will be difficult to determine what “reasonable steps” are required to protect employees and meet the new legal duty.
How a Risk Assessment Can Help
We have developed a risk assessment to help you meet this new duty. Our risk assessment prompts you to review all relevant aspects of your business, including:
- Workforce demographics, including those who are vulnerable
- Existing company policies
- Training
- Management structure
- Working environment
- Risks outside of the workplace, yet remain connect to work
- Complaint handling
- And allows additional checks to be undertaken in areas that are generally unique to your business.
Carrying out a risk assessment is fundamental to complying with the new statutory duty, but there are other equally important activities that must also be undertaken. Here are our top tips for complying with the change in law:
- Update Your Bullying and Harassment Policy – Ensure your policy reflects the latest legal obligations and is easily accessible to all employees. If needed, you can view an example in our Doc Shop.
- Involve Employees in Policy Development – Engage your staff in updating or creating new harassment policies to ensure they reflect real workplace concerns.
- Assess and Address Risks – Use our risk assessment and action plan to evaluate potential risks within your workplace. The Equality and Human Rights Commission (EHRC) recommends maintaining an action plan to help meet your legal obligations.
- Establish Clear Reporting Procedures – Implement simple, accessible procedures that allow employees to report harassment confidently.
- Provide Tailored Training – Offer ongoing, business-specific training for employees and managers on preventing sexual harassment.
- Ensure Effective Complaint Handling – Equip managers with the tools and knowledge they need to handle complaints effectively and fairly.
- Address Third-Party Harassment – Put in place clear policies on preventing and dealing with harassment from third parties such as clients or suppliers.
- Monitor and Update Your Practices – Regularly review your workplace policies and procedures to ensure they remain compliant with the latest legal requirements, reducing the risk of tribunal claims.
Broader Responsibilities for Employers
Although this new duty focuses on preventing sexual harassment, employers already have a legal responsibility to protect employees from harassment based on any protected characteristic. This includes harassment related to age, disability, gender reassignment, race, religion, sex, sexual orientation, and more.
By taking proactive steps to comply with the new duty to prevent workplace sexual harassment, employers can create a safer, more respectful work environment for all employees, while minimising the risk of legal exposure.
We’re Here to Help
If you need support or have any questions about the new duty to prevent workplace sexual harassment, you can book a free 30-minute call with one of our HR experts. We’re here to help with any HR questions you may have.
