A new law has come into force placing added responsibility on employers to prevent sexual harassment in the workplace. Under the Worker Protection (Amendment of Equality Act 2010) Act, employers must now take reasonable steps to prevent sexual harassment before it occurs, where previously there was no such obligation. Here I’ll explore what this means for your business and how to ensure your approach to this issue remains legally compliant.
What is sexual harassment?
Whether it’s physical, verbal or non-verbal, sexual harassment in the workplace is defined as any unwanted sexual conduct that violates someone's dignity or creates an intimidating, hostile, degrading, humiliating or offensive working environment. It can take many forms, from making sexual remarks or offensive ‘jokes’, commenting on someone’s appearance or displaying sexual images to unwanted touching, sexual assault and rape. Basically, anything sexual that makes someone feel uncomfortable, embarrassed or threatened. While most sexual harassment takes place in person on work premises, it can also happen via text, email or social media.
Who’s at risk?
In a 2020 survey, the Government Equalities Office found that almost 72% of people in the UK have experienced some kind of sexual harassment at work in their lifetime. Most at risk from this are women (particularly those aged 25-34), young people, ethnic minorities, LGBT individuals, and those with disabilities, with the impact having far-reaching consequences on victims’ careers and health. A TUC poll conducted in 2023 found that sexual harassment at work has a huge impact on victims, with 45% reporting that it’s had a detrimental impact on their mental health and 18% even leaving their job as a result.
Why has the law changed?
From 26 October 2024, the law requires employers to take proactive steps to prevent sexual harassment. With fewer than one in three victims speaking up to report the issue to their employer for fear of retaliation or lack of support, it’s clear why employers need to take greater responsibility for protecting their workforce and reducing risk. The Worker Protection (Amendment of Equality Act 2010) Act marks a significant shift in obligation from the individual toward the employer in challenging inappropriate conduct. Previously, there was no such obligation under the law, and the key to this change is proactivity, i.e. making efforts to prevent the problem before it occurs. The new law also aims to provide legal protection for workers from harassment and abuse by third parties like customers or clients.
What are employers’ obligations?
A report by Culture Shift commissioned to explore employers’ preparedness for the new law revealed that nearly half of employers are still failing to train employees on the topic of sexual harassment, while more than half of employers don’t have an established process for victims to speak up. Even though there is no exact guidance on what action needs to be taken to demonstrate that you have taken reasonable steps to prevent sexual harassment, here are some actions you could take:
Review your existing policies – ideally in consultation with your employees – to ensure that they are up-to-date and fit for purpose
Focus on internal communication to create more opportunities to detect harassment. This could be through informal one-to-ones or business-wide consultation and engagement. This will help to ensure people feel comfortable to speak out and also validate that the reasonable actions to be put in place by the business will be helpful and relevant to its people.
Introduce mandatory training for all colleagues to highlight the difference between positive and harmful behaviours.
Allow employees to make complaints anonymously to remove barriers to reporting such as trust and fear.
How to get help
If you need help reviewing your policies, engaging your employees or fostering a culture where people feel safe to speak up, Ambition HR is here to help. If you feel like you’d benefit from an informal chat about your business needs, you can schedule a call online today.
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