Duty to prevent sexual harassment in the workplace

On 26 October 2024, the UK Equality Act was amended, introducing a new duty on employers to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment. Employers have been potentially liable for various forms of harassment in the workplace for many years, but this new legal duty forces employers to be proactive and take specific steps to prevent sexual harassment or, face the prospect of greater penalties if they fail to do so.

Many employers are yet to take any action, and others have been unclear as to what was required as they organised end of year work celebrations and festive social events.

If you are an employer what should you be doing to be proactive and meet the requirements of this new legal duty? 

A simple and sound starting point is to consider the eight-step guide produced by the Equalities and Human Rights Commission (EHRC).

EHRC eight-step guide

The guide summarises the detailed guidance set out in the EHRC’s technical guidance. The guide makes it clear that the eight steps identified are not an exhaustive list, but implementing the steps should help an employer take positive action to prevent and deal with sexual harassment in the workplace. 

The eight steps are:

1. Develop an effective anti-harassment policy. Having a clear and regularly updated policy specifically dealing with sexual harassment, which applies to all staff, that clearly sets out what conduct is unacceptable, the employer's zero-tolerance approach to such conduct, how staff can report inappropriate conduct, the process that will be followed and the support available for victims of sexual harassment and those who report it. 
2. Staff engagement. Employers are advised to conduct regular one-to-ones, run staff surveys and exit interviews and have open-door policies. 
3. Assess and take steps to reduce risk in the workplace. Carrying out a risk assessment and conducting regular staff surveys to ascertain the extent of the potential problem for the business and identifying areas of risk, both internally and in relation to third-parties employees encounter during the course of their employment.
4. Reporting. Encouraging the reporting of sexual harassment by having effective reporting mechanisms in place which provide different methods of raising a complaint and a clear process to make a complaint.
5. Staff training. Providing mandatory training for all staff on what amounts to sexual harassment, the standards of behaviour expected in the workplace and how to raise a complaint, and additional training for managers on how to handle a sexual harassment complaint.
6. What to do when a harassment complaint is made. Having an effective procedure for the investigation of complaints which ensures complaints are dealt with promptly, effectively and in a sensitive way, that the perpetrators of sexual harassment are sanctioned and appropriate support is provided to those who raise complaints, or are witnesses to complaints. 
7. Dealing with third-party harassment. Taking effective measures to help to minimise the risk of sexual harassment by third parties. 
8. Monitoring and evaluating actions. Employers should regularly evaluate the effectiveness of the steps they have put in place to prevent sexual harassment and implement any changes arising from this.  

If you can follow the above guide and keep things under regular review, you will go a long way to reducing legal risk, as well as reassuring your employees that you treat their safety and wellbeing with the utmost importance.

The Employment Law team at Freeths is available to advise and support in respect of this new Equality Act duty, including the implementation of appropriate policies and training.