Employers urged to prepare for new law on workplace sexual harassment

Employers are being warned they will face tougher penalties if they fail to take ‘reasonable steps’ to protect their staff from sexual harassment in the workplace when new rules come into force later this month.

The Worker Protection (Amendment of Equality Act 2010) Act 2023, which takes effect on Saturday, October 26, will give employment tribunals the power to increase compensation payouts in sexual harassment cases by up to 25 per cent if the employer is found to have breached the new duty.

The employer could also face enforcement action by the Equality and Human Rights Commission.

Sarah Collier, an employment partner at north west law firm Bermans, says the new law aims to ensure employees are better protected from sexual harassment, and that employers need to ensure they are prepared.

Bermans has issued a guide to employers to help their businesses and organisations comply with the new duty so they are able to rely on the ‘reasonable steps’ defence if a claim is brought.

Sarah said: “The change in legislation means that employers must be proactive in stamping out sexual harassment within the workplace and ensure they are taking reasonable steps to prevent it, such as by training their staff and by fostering a ‘speak out’, inclusive and respectful workplace culture.

“They cannot sit back and assume sexual harassment would not or could not happen in their organisation or industry.”

She also warned that further responsibilities may be imposed on employers in the future.

“We’ve seen numerous high-profile cases of sexual harassment in the headlines, and the new law follows government consultation in the wake of concerns that existing legal protections against harassment have left room for improvement,” she added.

“However, the new duty is unlikely to be the end of reforms in this area. Further changes may extend to limiting the use of non-disclosure agreements in relation to claims.”

Bermans’ specialist employment team across its offices in Manchester and Liverpool provides assistance to clients with policy reviews, workplace audits and bespoke in-house training for HR and management teams as well as to all staff.

The firm’s guide to employers urges them to adopt a zero-tolerance culture and ensure they have a detailed plan and risk assessment in place highlighting the measures they propose to take to eradicate identified areas which are more susceptible to sexual harassment within their business or organisation.

Sarah said those steps should include introducing a tailored anti-harassment policy, clearly defined reporting procedures and delivery of bespoke in-house workplace training.

The EHRC defines sexual harassment as unwanted conduct of a sexual nature that has the purpose or effect of violating a worker’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.

Examples of such behavior can include sexual comments or jokes, workplace ‘banter’, displaying sexually graphic photographs, suggestive looks, staring, propositions and sexual advances.

Sarah said: “There are only a few weeks until the new law comes into force and, with Christmas parties on the horizon, it’s vital that employers are up to speed with the new mandatory duty concerning sexual harassment in the workplace and are complying with the updated legislation. It could prove extremely costly and damaging to their reputation if they fail to do so.”