​Navigating the New Sexual Harassment Law: What Employers Need to Know

Recent headlines about sexual harassment have put a spotlight on workplace culture, reminding employers across sectors of the importance of proactive policies. The introduction of the Worker Protection Act 2023 introduces a crucial new duty for employers: to take “reasonable steps” to prevent sexual harassment. This law brings fresh responsibilities and challenges for sectors like hospitality, where interactions often extend beyond the traditional office. With the law taking effect on 26 October 2024, employers must understand what this means in practice.

The Law in Focus

The Worker Protection (Amendment of Equality Act 2010) Act 2023 defines sexual harassment as any conduct of a sexual nature that violates an individual’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Under this new law, employers are tasked with preventing such behaviour in traditional workspaces and locations where employees represent the business, such as off-site training sessions or social gatherings. Notably, this duty applies not just to harassment by fellow employees but also by third parties, like customers or suppliers.

Proactive Prevention: A Key Responsibility

This law signals a shift from reactive to proactive management. In the past, many organisations waited for complaints before addressing issues. However, under the Worker Protection Act, businesses are expected to implement preventative measures to minimise harassment risks. Notably, the concept of “reasonable steps” is adaptable: what’s reasonable for a large corporation might differ for a small business. Each organisation must assess its resources and develop suitable practices accordingly.

Expert Recommendations: Steps Employers Can Take Now

With the law’s enactment approaching, employers can start taking practical steps to protect their workforce and reduce liability risks. Recommended actions include:

Conducting Risk Assessments: Identify potential risks and develop a tailored strategy to mitigate them.

Updating Policies and Procedures: Review existing policies on workplace behaviour and sexual harassment, ensuring they’re in line with the new law’s requirements.

Providing Staff Training: Educate employees and managers on recognising, preventing, and reporting harassment. This builds awareness and strengthens a positive work culture.

Setting Up Reporting Channels: Establish confidential, possibly anonymous, channels for employees to report concerns without fear of repercussions.

Tracking and Documenting Incidents: Keep a detailed record of reported incidents and the actions taken in response, which may be critical for demonstrating compliance.

These measures help cultivate a safer workplace and demonstrate a commitment to upholding the Worker Protection Act.

Compliance and the Cost of Inaction

Failure to take reasonable steps to prevent sexual harassment could result in a tribunal claim. Compensation awarded to victims may increase by up to 25% if it’s found that an employer neglected this duty. The Equality and Human Rights Commission (EHRC) also holds enforcement powers, from investigating potential harassment cases to assisting individuals in legal proceedings. Beyond legal and financial risks, non-compliance can damage an organisation’s reputation and erode employee trust.

The Bigger Picture: Why Prevention Matters

The Worker Protection Act’s focus on prevention underscores the importance of building a safe and respectful workplace culture. Employees should feel protected and respected, regardless of their position or contract type. Yet, the Act has limits; it doesn’t cover interactions between employees and third parties. This raises important considerations, especially in customer-facing roles where employees may be on zero-hour contracts and could feel vulnerable when faced with harassment from customers or clients. Employers in such environments are encouraged to go above and beyond the Act’s requirements to ensure all employees feel safe.

Moving Forward: Creating a Positive Workplace Environment

The Worker Protection Act is more than just a legal obligation; it’s an opportunity for businesses to demonstrate leadership in fostering respectful workplaces. Employers should view this law as a framework to build a positive environment where employees can work free from harassment, whether by colleagues, customers, or others. Businesses that prioritise this shift will not only comply with the new law but also build trust and loyalty among their teams.