The government has confirmed that the Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force on 26 October 2024. The Act amends the Equality Act 2010 to:
- Introduce a duty on employers to take reasonable steps to prevent sexual harassment of their employees.
- Give employment tribunals the power to uplift sexual harassment compensation by up to 25% where an employer is found to have breached the new duty to prevent sexual harassment.
The following are some suggested reasonable steps an employer could take depending on its size and resources:
- Having a clear and regularly updated policy specifically dealing with sexual harassment.
- 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.
- Having a zero-tolerance workplace culture in relation to sexual harassment, which is openly supported by senior management.
- Encouraging the reporting of sexual harassment by providing different methods of doing so, a clear process to make and investigate complaints and providing appropriate support to those who raise complaints.
- Conducting regular staff surveys to ascertain the extent of any problem or potential risk of sexual harassment, both internally and in relation to third-parties employees come into contact with.
- Monitoring the progress of all sexual harassment complaints to ensure that they are properly investigated and resolved, repeat offenders are dealt with appropriately, identify particular risk areas and effective measures are put in place to minimise those risks.
- Monitoring the progress of employees who make complaints or are witnesses to sexual harassment to ensure that no victimisation takes place.
- Having workplace champions to provide support and advice to those who experience or witness sexual harassment.
