New legislation aimed at strengthening workplace protections against sexual harassment takes effect from 26 October 2024.
The law increases employers’ obligations to prevent sexual harassment in the workplace and introduces stricter penalties for non-compliance, particularly as the festive season approaches.
The legislation, part of the Worker Protection (Amendment of Equality Act 2010) Act 2023, applies not only to employees but also to third parties such as customers and clients. It extends to work-related external events, including conferences and parties, which could see a rise in claims during the upcoming Christmas party season, where alcohol consumption often reduces inhibitions.
Employers Must Take ‘Reasonable Steps’ to Prevent Harassment
The new law stipulates that employers are required to take all “reasonable steps” to prevent sexual harassment in the workplace. The goal is to foster safer working environments by ensuring that both direct employees and third parties are protected from inappropriate behaviour.
A key feature of the legislation is the introduction of a new penalty. If an employer fails to take appropriate preventative measures and an employee successfully claims sexual harassment, the Employment Tribunal may impose a penalty of up to a 25 percent uplift on any compensation awarded. The severity of this penalty will depend on how well the employer has complied with the new rules.
The law’s timing is particularly relevant with the Christmas party season approaching. Many employers will need to reassess their policies, especially when hosting events where alcohol may contribute to inappropriate behaviour. To mitigate risks, employers are advised to take proactive steps in creating a safer atmosphere at work-related events.
Fiona Martin, Head of the Employment Law team at Martin Searle Solicitors, highlighted the importance of workplace culture in addressing sexual harassment: “It is crucial that these steps are taken seriously to create an egalitarian workplace culture where all staff feel comfortable and supported. Workers should feel empowered to call out any behaviour they believe to be sexual harassment, whether it affects them personally or a colleague.”
She also advised that businesses conduct a risk assessment of any upcoming social events, such as Christmas parties, where alcohol is involved. Limiting the availability of free drinks and offering more non-alcoholic options could help mitigate the potential for inappropriate behaviour. Clear guidelines regarding acceptable conduct at such events should also be provided to all employees.
New Guidance for Employers
In response to the new law, the Equality and Human Rights Commission (EHRC) has issued guidance for employers. This includes eight recommended steps to help businesses meet their legal obligations and reduce the risk of sexual harassment occurring in the workplace. These steps provide a framework for employers to demonstrate that they are complying with the legislation and are committed to maintaining a respectful work environment.
Laura Donnelly, Employment Law Solicitor at Martin Searle Solicitors, emphasised the importance of this cultural shift, stating: “This week’s legislative change is an important cultural shift to actively protect workers from unwanted sexual harassment. We have been actively campaigning to stamp out sexual harassment for everyone, whatever their gender identity or sexual orientation, with our #MeToo Matters Campaign.”
Donnelly also noted that the law is designed to protect employers from vexatious claims, provided they take appropriate preventative measures. “The adoption of these eight steps, together with a thorough and fair investigation, should ensure employers are not vicariously liable while also ensuring justice for both complainants and alleged perpetrators,” she added.
Stricter Penalties and Employer Accountability
The most significant change brought by the new legislation is the introduction of the 25 percent uplift in compensation awards for cases of sexual harassment where employers have failed to take reasonable steps. This shift places a stronger focus on employer accountability, as organisations must now demonstrate that they have been proactive in preventing harassment, rather than merely responding to complaints after the fact.
With these new requirements, companies will need to reassess their workplace policies, training programmes, and how they handle social events to ensure compliance. The changes represent a shift towards a more preventative approach to managing workplace behaviour and promoting a safer environment for all workers.
As businesses prepare for the end-of-year festivities, this new legislation serves as a timely reminder of the importance of maintaining professional standards, even at social events. Employers who fail to address the potential risks associated with workplace harassment may face significant legal and financial consequences under the new framework.