New UK Sexual Harassment Law: Key Employer Duties
In this article, we will be understanding the Key Responsibilities for Employers concerning the New UK Sexual Harassment Law
Starting on October 26, 2024, UK employers will face a new legal duty under the Worker Protection (Amendment of the Equality Act 2010) Act 2023 to take proactive steps to prevent sexual harassment in the workplace. This major update to employment law introduces a preventative obligation, moving beyond existing reactive measures that only come into play after harassment has occurred.
In this article, we’ll dive deep into the law’s implications for employers, how it differs from previous regulations, and what steps businesses must take to ensure compliance.
Why the New Law?
Despite various legal frameworks already in place to combat workplace harassment, concerns about its prevalence remain high. Research and reports show that sexual harassment often goes unreported or is inadequately addressed.
Current laws allow employers to defend themselves against claims if they can prove that they took “all reasonable steps” to prevent harassment. However, these provisions were seen as insufficient in holding businesses accountable.
The new law is designed to shift this approach by requiring employers to actively prevent sexual harassment, regardless of whether a specific incident has occurred.
This legislation is enforced by the Equality and Human Rights Commission (EHRC), making it a mandatory obligation for all businesses, not just a best-practice recommendation.
Key Features of the New Law
Proactive Duty to Prevent Sexual Harassment
Under the new regulations, employers must demonstrate that they are taking reasonable steps to prevent sexual harassment in their workplaces. The goal is to create an environment where harassment is less likely to occur by implementing preventative measures and promoting a culture of respect and safety.
This means that the obligation is now continuous—employers must actively work to reduce the risks of harassment, and their efforts should not only be reactive but also part of ongoing workplace management.
Enforcement by the EHRC
The Equality and Human Rights Commission will have the power to enforce this law, even in the absence of a specific complaint. This shifts enforcement from a claims-based process to a regulatory one, with businesses being evaluated based on their preventative measures.
This enforcement mechanism adds a new layer of accountability for employers and places the onus on them to comply proactively.
Compensation Uplift for Non-Compliance
If a harassment claim is brought to an Employment Tribunal and the employer has failed to comply with their new duties, the Tribunal may increase the compensation awarded to the victim by up to 25%. This increase acts as a financial deterrent, motivating employers to ensure they are meeting their legal responsibilities.
Companies that fail to meet Omanization quotas could face fines and restrictions on obtaining new visas for expatriates. Employers are encouraged to offer training programs to enhance the skills of Omani employees.
How Employers Can Prepare for the New Law
To comply with the upcoming changes, businesses must evaluate their current practices, update policies, and introduce new initiatives where necessary. Here’s a detailed breakdown of the steps employers should take:
a. Review and Update Policies
Employers should begin by conducting a comprehensive review of their existing anti-harassment and anti-discrimination policies. These policies should be updated to explicitly address sexual harassment, emphasizing the business’s zero-tolerance approach.
In some cases, businesses may choose to develop a dedicated sexual harassment policy that complements the broader anti-harassment framework. Key aspects to include in this policy are:
- Definitions of sexual harassment
- Reporting mechanisms
- Confidentiality clauses
- Investigation processes
- Disciplinary procedures for harassment cases
b. Provide Clear Reporting Channels
Employees must feel safe and confident in reporting harassment without fear of retaliation.
Employers should provide multiple, clearly defined reporting methods, such as:
- Anonymous hotlines
- Direct reporting to HR
- Digital platforms for filing complaints
It is crucial to communicate these reporting mechanisms regularly, ensuring employees know how and where to report incidents.
c. Offer Regular Anti-Harassment Training
Training is one of the most effective ways to foster a respectful workplace and prevent sexual harassment. Employers should provide regular, updated training for all staff, covering topics like:
- What constitutes sexual harassment
- The importance of reporting inappropriate behavior
- How to intervene as a bystander
- The company’s commitment to handling complaints sensitively and fairly
In addition, training should be tailored to different levels of responsibility, with managers and supervisors receiving specialized training on how to handle complaints and promote a respectful work culture.
d. Build a Culture of Respect
Beyond policies and training, fostering a positive workplace culture is essential. Employers should encourage leadership to model appropriate behavior, create open dialogue about workplace respect, and celebrate diversity and inclusion.
Moreover, ensuring that victims and witnesses of harassment feel supported and empowered to report incidents is critical for creating a safe workplace environment.
e. Ensure Ongoing Monitoring and Evaluation
The duty to prevent sexual harassment is not a one-time task but an ongoing obligation. Employers should regularly:
- Monitor workplace culture through surveys or feedback channels.
- Evaluate the effectiveness of training, reporting systems, and anti-harassment policies.
- Update their procedures based on new guidance, evolving best practices, or changes in workplace dynamics.
What Are "Reasonable Steps"?
The term “reasonable steps” refers to the measures an employer can take to minimize the risk of harassment. The exact steps will vary depending on the size, nature, and risk factors of the business, but examples of reasonable actions might include:
- Providing comprehensive training and accessible reporting systems.
- Having a clear anti-harassment policy and ensuring it is well-known to all staff.
- Encouraging a supportive, non-retaliatory environment for victims or reporters of harassment.
Employers who fail to take such steps may find it difficult to defend themselves in cases where a harassment claim is raised.
How This Affects SMEs and Large Corporations
The new law applies equally to all employers, regardless of size. However, small and medium enterprises (SMEs) may face greater challenges due to limited resources. Despite this, SMEs are still expected to take reasonable steps to prevent harassment, which may include outsourcing training, implementing anonymous reporting mechanisms, or designating internal champions to handle complaints.
Larger corporations, on the other hand, may have more resources at their disposal and will be expected to implement more comprehensive policies and procedures. Given their scale, corporate culture becomes an even more crucial factor, and the EHRC will likely hold large businesses to higher standards regarding the scope and depth of their harassment prevention efforts.
ACAS Guidance and Support
Employers seeking detailed guidance on how to comply with the new law can refer to the Advisory, Conciliation, and Arbitration Service (ACAS) guidance on sexual harassment prevention. ACAS provides practical advice on:
- Developing and implementing anti-harassment policies
- Managing complaints and investigations
- Conducting effective workplace training
The full ACAS guide can be downloaded here and offers an in-depth resource for employers navigating this legal shift.
The new UK sexual harassment law, coming into force in October 2024, places an undeniable responsibility on employers to protect their staff proactively. While the law introduces stricter duties and enforcement mechanisms, it also provides a clear framework for fostering safer, more inclusive workplaces. By taking reasonable steps now—updating policies, offering training, and building a culture of respect—employers can ensure they are well-prepared for these changes and contribute to a working environment where harassment has no place.
How Beyond Borders HR Can Help You
Businesses should begin preparing now, as non-compliance could result in significant legal and financial consequences. For those needing further assistance, Beyond Borders HR is here to help you ease through these changes and implement the best practices for compliance and employee well-being.
