Preventing Sexual Harassment in the Workplace

Richard Gvero explains the changes introduced when the Worker Protection (Amendment to Equality Act 2010) Act 2023 came into force in October 2024.

AQWhat is the new duty on employers?

This Act introduced a new positive duty on employers to take reasonable steps to prevent sexual harassment of their employees in the workplace.

Q What types of sexual harassment does the Act cover?

ASexual harassment can be both physical and verbal. It includes a wide range of behaviour such as sexual comments or jokes, suggestive looks or advances as well as physical actions such as touching, hugging or kissing.

The new duty applies only to sexual harassment taking place in the course of employment and not to harassment on the grounds of other protected characteristics. The duty is anticipatory and ongoing, so employers need to take steps to prevent sexual harassment occurring in the first place and then take further measures to prevent it happening again if it has occurred.

Q What reasonable steps do employers need to take?

AWhat will be a reasonable step will vary depending on the size of the employer and their resources, working environment and specific workplace risks. To determine whether a step is reasonable, an employer will need to consider whether a particular step or an alternative is more effective, the time, cost and disruption involved with taking a particular step and whether or not any steps have already been effective. This duty will require ongoing monitoring to ensure employers remain compliant with the law.

As there are no minimum standards that the employer has to meet we will have to wait until there are tribunal cases before we can fully understand what the duty will encompass and what steps will be considered reasonable.

The Equality and Human Rights Commission (EHRC) has also published technical guidance on sexual harassment and a new guide for employers to follow: Employer 8 Step Guide: Preventing Sexual Harassment at Work.

The guide sets out eight steps which should be implemented by an employer to prevent sexual harassment in the workplace as follows:

1. Develop an effective anti-harassment policy

2. Engage with staff, for example through discussion and surveys

3. Assess risk and take steps to reduce workplace harassment

4. Implement a reporting system to report concerns

5. Put in place training

6. Act immediately when a harassment complaint is received

7. Take steps to prevent third party harassment

8. Monitor and evaluate the effectiveness of preventative steps put in place.

Q What are the consequences of breaching the Act?

AThe Act gives employment tribunals the power to uplift compensation by up to 25% if there has been a breach of the duty. Additionally, the EHRC has enforcement powers.

Q What do employers need to do now?

AIn order to be compliant within the new Act, employers should review their internal policies and procedures, including their anti-harassment policy, and urgently put in place internal mechanisms to deal with any complaints of sexual harassment.

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Downs, Estate Director of Hatfield Park, talks to Sarah Dale

Inspirational Leader

Anthony Downs has worked at Gascoyne Estates for almost 25 years in a variety of roles across its three estates, before taking the helm as Estate Director at Hatfield Park in 2019.

Gascoyne has three historic estates in Hertfordshire, central London and Dorset. Hatfield Park, in Hertfordshire, is home to a diverse mix of businesses, residential property, farming, forestry and environmental activities, hospitality, retail and leisure. The centrepiece to the portfolio at Hatfield includes the historically significant Hatfield House and the Old Palace, Gardens and Parklands.

Whilst set against a historic backdrop, Anthony and the estate management team are always looking forward and are working on multiple and varied projects, investing significant sums in Hatfield, for the longterm sustainability of the estate and the wider community.

“A large historic portfolio needs constant, loving attention and has to be maintained for future generations to enjoy,” says Anthony.

“In addition to maintaining historic assets we are very much on a journey with regenerative agriculture, improving the quality of our soils, increasing biodiversity and improving natural habitats. Farming and forestry like all businesses need investment. Investment also includes training for our workforce and providing placement opportunities for horticultural and estate management students.

“Building and maintaining a vision requires careful planning, execution and of course, time and money. As a business we always seek to work against a minimum of a 10-year plan.”

One of the larger projects presently underway is delivery of a 340-housing development on the south side of Welwyn Garden City, which will also provide a new cricket club, community facilities and open space. Nearby in Old Hatfield works are also underway to regenerate Salisbury Square, a development of retail, residential and commercial property.

Sustainability is central to the vision for Hatfield Park and Anthony says Gascoyne would “rather do it once and do it properly than take a short term or piecemeal approach”.

“With our property, our philosophy is to take the best of the old and sympathetically maintain historic features such that our property is fit for purpose and will stand the test of time,” he says.

“Quality is important. If you’re renting a home, it must not only be warm and efficient but attractive and aspirational. We want people to come to Hertfordshire – and Hatfield in particular – and see it as more than bricks and mortar but rather as a home. Whether a commercial or residential tenant of Hatfield Park, you can enjoy excellent transport links to London yet enjoy access to Hatfield Park and its unrivalled natural environment. This is about more than simply renting a house or workplace, it’s a lifestyle.”

Having a clear vision is integral to Anthony’s style of leadership.

“I strongly believe that a leader should hold and maintain a clear vision - being the champion of that vision is very much my role,” he says.

“I’m fundamentally a positive person and I enjoy solving problems and bringing people together. I aim to bring a strong sense of coaching and mentoring to my role. I may be the person leading Hatfield Park, but I can only do that effectively by having a very good team behind me. I’ve been lucky to work with some amazing people over the years. You need trust, respect and general decency. Establish a clear set of values and behave in a consistent fashion.

“For those starting out in leadership roles, I would advise them to set clear objectives, be consistent and authentic, and be honest about what your strengths and weaknesses are, and those of your team. Be prepared to ask for help where necessary and build a team you can trust. It is not about having a cosy club but having an honest feedback culture and a willingness or ability to have difficult conversations.”

The recent Budget, alongside an increasing number of regulations, is causing “more drag” for businesses.

“Businesses are having to working ever harder to make money,” he says.

“Profit should not be a dirty word. Without profit, you simply wouldn’t have a business. Gascoyne are a long-established business and for the past five years, we have ploughed back our profits to invest for the future and build both social and economic value.”

Hatfield Park sponsors Hertfordshire Chamber of Commerce’s Inspiring Hertfordshire Awards and has done so for several years.

“We joined Hertfordshire Chamber because we are a well-established, historic business and consider ourselves very much part of the Hertfordshire community. In that regard, the Chamber and Gascoyne Estates have many similarities” says Anthony.

We joined Hertfordshire Chamber because we are a wellestablished, historic business and consider ourselves very much part of the Hertfordshire community. In that regard, the Chamber and Gascoyne Estates have many similarities.

“One of the greatest benefits of being Chamber members are the insights and relationships you gain. It provides an opportunity to speak to people you would not normally meet and opportunities to collaborate. It is always good to talk to likeminded businesses to compare notes.

“Geography is such that Hertfordshire has huge opportunities with appropriate foresight, leadership and collaboration. Components for future success and prosperity must include a clear vision, good digital infrastructure, attractive homes and better transport links to compete with other areas in the UK and the world. If we get it right, people can be really proud of where they live and work and be part of something much bigger.”