The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force at the end of last month and it means that there is a new legal duty on employers to take reasonable steps to prevent sexual harassment from occurring during the course of employment.
In practice, this means, that where there is a finding of sexual harassment at the Employment Tribunal and the employer has been found to have failed in fulfilling their duty to take reasonable steps, the tribunal can increase the amount of compensation that is paid to the employee/worker by up to 25%.
Central to this new duty is the carrying out of an assessment of the risks of it occurring and because the scope of this new duty is “during the course of the employment”, it extends to work events and activities that take place off site, or out of hours, which can be suitably connected to employment. This means, it will include off site training, work conferences, and even Christmas parties and may even extend to other social events, such as leaving do’s. We discuss the topic of vicarious liability and what may constitute a work event in our latest Hot Topic, which you can read here as well as watch back on demand our recent webinar in which we explore the law around what constitutes a work social event.
You can download two key documents to support your business in understanding the risks to your workplace of sexual harassment:
- Download here, our new template risk assessment specific to preventing sexual harassment
- Download here, our new action plan, which sets out the steps the organisation needs to take to manage the risks identified through the risk assessment process.
Another critical step in complying with the duty is to ensure that everyone is trained, and that the training provided is relevant to your workplace and specific, meaning that managers would need training from a different perspective to the training that employees receive.
For instance, management training needs to be specific on how to conduct impartial and thorough investigations into harassment complaints. This includes understanding legal requirements, gathering evidence, interviewing witnesses, and maintaining confidentiality. Furthermore, managers set the tone for the workplace culture and training is one way in which they can fully understand their responsibility for creating a respectful and inclusive environment, model appropriate behavior, and intervene when required.
Employee training on the other hand needs to ensure that they gain a clear understanding of what constitutes sexual harassment, including subtle forms like inappropriate jokes, comments, or gestures. As well as training them on the organisation’s reporting procedures, encouraging employees to come forward without fear of retaliation and to emphasise the importance of reporting incidents promptly. Employees can play a crucial role in preventing harassment by intervening when they witness inappropriate behaviour.
In a recent webinar, we asked Business Leaders to what extent they provide training, with 33% reporting that harassment training was carried out as a one off event, but overwhelmingly, 67% said that it was carried out at least annually.
When it comes to having anti-harassment policies and procedures, 57% of respondents said that they have them in place, and of those, the majority (78%) monitor and review them regularly. Monitoring policies and reviewing is crucial for ensuring they remain effective and legally compliant.
We’re here to help
The new Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces important responsibilities for employers to prevent sexual harassment in the workplace. At HR Solutions, we’re here to provide guidance and tools to help your organisation meet these legal duties effectively.
📚 Access our resources here.
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