New Sexual Harassment Law comes into force

New Sexual Harassment Law comes into force

New legislation came into force on 26 October that increased penalties for employers who fail to prevent sexual harassment in the course of their workers’ employment.

From 26 October 2024, new legislation on sexual harassment came into force which increased the responsibilities and duties of employers. It also applies to third parties such as customers and clients and covers external events, conferences and parties. This legal change could generate more claims in the approaching Christmas party season due to excess alcohol and the freeing of people’s inhibitions.  

The new legislation, part of the Worker Protection (Amendment of Equality Act 2010) Act 2023, states that employers must take all “reasonable steps” to prevent sexual harassment of their workers.

A new penalty of up to 25% uplift on any successful sexual harassment compensation award in the Employment Tribunal is also included in the new Law. This uplift will be based on how lax the employer has been in complying with new preventative steps.

The Equality and Human Rights Commission (EHRC) has offered guidance for employers, with eight steps that employers should take to prove they have complied with this duty - the eight steps are stated below.

Laura Donnelly, Employment Law Solicitor at Martin Searle Solicitors says: “This legislative change is an important cultural shift to actively protect workers from unwanted sexual harassment. We have been actively campaigning to stamp out sexual harassment for everyone, whatever their gender identity or sexual orientation, with our #Me Too Matters Campaign.

“We also want to help protect employers who may face vexatious claims. The adoption of these eight steps together with a thorough and fair investigation should ensure they are not vicariously liable while also ensuring justice for both complainants and alleged perpetrators.”.

Fiona Martin, Head of Martin Searle Solicitors’ Employment Law team comments: “It is crucial that these steps are taken seriously to create an egalitarian workplace culture where all staff feel comfortable and supported. All workers should feel able to call out anything they believe to be sexual harassment, whether this involves them personally or is directed at a colleague or third party. This includes telling someone directly that they don’t like the way they are behaving to stop this behaviour escalating.

“A risk assessment must be taken and, not surprisingly, most employers will deduce that large volumes of alcohol fuel bad behaviour. It may be prudent to limit free drinks at the impending Christmas do with more non-alcoholic beverages and guidelines on the invite about what constitutes unacceptable behaviour.”

The eight steps employers should take to prevent sexual harassment at work:

Step 1: Develop an effective anti-harassment policy – which makes it clear sexual harassment will not be tolerated. This is to be shared with organisations who supply staff and displayed on the company website.

Step 2: Engage staff – so they understand they can report sexual harassment and they understand the consequences of breaching the policy.

Step 3: Assess and take steps to reduce risk in the workplace – by looking at likely factors which would increase the likelihood of sexual harassment occurring and minimising these using surveys, exit interviews, reviewing absences and keeping records of informal and formal complaints.

Step 4: Reporting – use online or independent telephone lines so reports can be anonymous and keep confidential records so these can be identified.

Step 5: Training – of all employees at whatever level and also providing refresher training. Senior employees should set the tone and deliver the anti harassment message.

Step 6: What to do when a harassment complaint is made – dealing with these promptly, fairly and in accordance with company policies. This might include going to the police. Settlement Agreements should only be used where lawful and necessary to do so.

Step 7: Dealing with harassment by third parties – by putting in place reporting mechanisms where there is harassment by customers or clients.

Step 8: Monitor and evaluate any actions – to measure their effectiveness by surveying and noting any changing trends. ν

Laura Donelly

Martin Searle Solicitors

Fiona Martin

Martin Searle Solicitors