The New Duty on Employers to Prevent Sexual Harassment

From October 26, 2024, a change to the Equality Act 2010 will impose a new duty on employers to take reasonable steps to prevent “unwanted conduct of a sexual nature in the course of employment”. The new duty only applies to conduct of a sexual nature and not to all types of harassment. In other words, conduct that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.

Employers who fail to comply with the new duty risk being ordered by tribunals to pay up to 25% more compensation to sexually harassed staff.

The Equality and Human Rights Commission can also investigate employers who do not comply with the new duty and take action if appropriate.

So, what must employers actually do to comply with the new duty?

1️. Risk assess by considering the threat of sexual harassment occurring in the workplace, paying attention to the following (list taken from EHCR guidance):
✴ Power imbalances
✴ Job insecurity, for example, use of zero-hours contracts, agency staff or contractors
✴ Lone working and night working
✴ Out of hours working
✴ The presence of alcohol
✴ Customer-facing duties
✴ Particular events that raise tensions locally or nationally
✴ Lack of diversity in the workforce, especially at a senior level
✴ Workers being placed on secondment
✴ Travel to different work locations
✴ Working from home
✴ Attendance at events outside of the usual working environment, such as training, conferences or work-related social events
✴ Socialising outside work
✴ Social media contact between workers
✴ The workforce demographic. For example, the risk of sexual harassment may be higher in a predominantly male workforce.

2️. Consider what steps to take to reduce the risk of sexual harassment of their workers.

3️. Implement reasonable steps to protect staff.

Ultimately, this means updating anti-harassment and associated policies accordingly, carrying out risk assessments, taking appropriate action and rolling out a staff training programme.

BAND is here to help you navigate these changes. If you need help updating your HR policies, implementing a staff-training programme or carrying out a risk assessment, please get in touch with our HR experts.