Home

New Legal Obligations for Employers to Prevent Workplace Sexual Harassment

Coronavirus (COVID-19) Click here to read information on the status of Community Action Norfolk's Services. As well as links to other information and advice
This website uses cookies. You can read more about how we use your personal data in our Privacy Notice

From the 26th of  October 2024, UK employers will have a new legal duty to take reasonable steps to prevent sexual harassment of their workers, including harassment by third parties. This significant change, introduced under the Worker Protection (Amendment of Equality Act 2010) Act, aims to strengthen protections against workplace sexual harassment and ensure proactive measures are in place. 

Equality and Human Rights Commission Guidance  

To support employers in meeting these new obligations, the Equality and Human Rights Commission (EHRC) has published updated technical guidance. This guidance provides practical steps to help organisations create safer and more inclusive workplaces. Employers are expected to assess risks, implement preventive measures, and review their processes regularly. 

Key Actions for Employers 

The guidance outlines several important steps employers should take: 

Develop a Robust Anti-Harassment Policy - Employers should create and widely communicate a comprehensive anti-harassment policy. This policy must also address third-party harassment and set clear expectations for acceptable behaviour. 

Conduct Regular Risk Assessments - Organisations need to proactively identify potential risks of sexual harassment and outline specific actions to mitigate these risks. Regular assessments help ensure that measures remain effective. 

Engage with Employees - Maintaining open communication with staff is crucial. Employers should use methods such as one-to-one meetings, staff surveys, and exit interviews to identify any concerns or warning signs. 

Monitor and Evaluate - Regular monitoring and evaluation of policies and actions are essential to ensure ongoing effectiveness. Adjustments should be made as necessary to address any gaps or emerging risks. 

Legal and Financial Implications  

The introduction of this ‘preventative duty’ marks a shift in legal responsibility. Previously, employers were not legally required to take proactive steps to prevent workplace harassment. Under the new law, if a worker is found to have been sexually harassed and the employer is deemed to have failed in meeting this duty, employment tribunals can increase compensation awards by up to 25%. 

Furthermore, the EHRC now has the authority to enforce this duty, even if no incident of harassment has occurred. Employers found to be non-compliant risk enforcement action and reputational damage. 

Why This Matters  

Sexual harassment in the workplace not only affects individuals’ mental and physical health but can also damage careers and workplace culture. The Worker Protection Act aims to ensure that employers take proactive steps to prevent harassment, fostering safer and more respectful environments for all. 

Next Steps for Employers 

Employers should act now to ensure compliance with the new legislation. Key steps include: 

  • Reviewing and updating anti-harassment policies to reflect the new legal obligations 
     
  • Training managers and staff on recognising and preventing harassment 
     
  • Establishing clear reporting mechanisms and ensuring employees feel safe to raise concerns 
     
  • Scheduling regular reviews of workplace culture and practices to identify and address potential risks. 


​By adopting these measures, organisations can not only meet their legal obligations but also contribute to a workplace culture where everyone feels safe and respected.