A brand new responsibility on employers to take affordable steps to forestall sexual harassment is imminent. What do companies have to do to arrange?
From 26 October 2024, employers can be underneath a brand new responsibility to take affordable steps to forestall sexual harassment of their staff. This new preventative responsibility is contained within the Employee Safety (Modification of Equality Act 2010) Act 2023.
The preventative responsibility relates solely to sexual harassment and never different “protected characteristics” included within the Equality Act 2010. It’s along with the present safety from discrimination, harassment and victimisation contained in that Act.
On 26 September 2024, the Equality and Human Rights Fee (EHRC) revealed complete up to date Technical Steerage for employers and an Employer 8-step information: Stopping sexual harassment at work that are well-worth .
What’s sexual harassment?
The Equality Act 2010 defines this as undesirable conduct of a sexual nature which has the aim or impact of both violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive setting for them.
Examples embody unwelcome bodily contact, sexual jokes or feedback, sexual advances, sending sexually specific emails/texts and displaying sexually graphic photographs.
What’s the preventative responsibility?
The Steerage describes it as “a positive and proactive duty designed to transform workplace cultures”.
- Employers ought to anticipate situations when their staff could also be topic to sexual harassment in the midst of their employment and take motion to forestall it.
- If sexual harassment has taken place, employers ought to take motion to cease it from occurring once more.
- The preventative responsibility applies to third-party harassment (in contrast to the Equality Act 2010) from, for instance, purchasers, prospects, service customers, or members of the general public.
- A person can not convey a standalone declare for breach of the preventative responsibility itself, however the place there was a breach, this will affect the quantity of compensation, which is taken into account under.
Cheap steps
The Steerage makes it clear that there isn’t a prescribed minimal. What is cheap will fluctuate relying on the employer, and related elements embody:
- Employer’s measurement, sources and sector
- Dangers in that office
- Contact with third events
- The probably impact of taking a specific step and whether or not an alternate step could possibly be more practical
- Time, value and potential disruption of a specific step weighed towards the profit
Components to contemplate in a danger evaluation
Considerably, the Steerage states that employers are unlikely to have the ability to meet the preventative responsibility if they don’t perform a danger evaluation.
It’s not a static responsibility, and employers should assessment their preventative steps recurrently.
The Steerage refers to numerous danger elements which will enhance the chance of sexual harassment within the office, and these embody:
- A male-dominated workforce
- A office tradition that allows crude/sexist “banter”
- Gendered-power imbalances
- Lone or remoted working
- Workplaces that allow alcohol consumption
- An off-the-cuff workforce
- There are not any insurance policies or procedures to take care of sexual harassment
Penalties for breach of the brand new responsibility
If a employee efficiently claims sexual harassment and compensation is awarded by the Employment Tribunal, the Tribunal should contemplate whether or not the employer has breached the preventative responsibility. If they’ve, the Tribunal can order a compensation uplift of as much as 25%. Compensation for sexual harassment is limitless and contains previous and future lack of earnings and damage to emotions; consequently, the compensation uplift could possibly be appreciable. Word that the EHRC can even take enforcement motion towards the employer.
With only some weeks earlier than the preventative responsibility takes impact, what can employers do to arrange?
- Perform a danger evaluation
Think about the dangers of sexual harassment, the steps that will mitigate these dangers and which steps are affordable to implement.
- Educate staff about sexual harassment and what actions quantity to such conduct.
Discuss with the Equality Act 2010 definition and supply examples of what would represent undesirable sexual conduct.
- Foster an inclusive tradition within the office
Implement a zero-tolerance method to sexual harassment, which is able to assist instil a respectful and inclusive setting. Administration and senior leaders have a crucial function to play.
- Implement a transparent anti-harassment coverage
Encourage workers to report sexual harassment and set up an efficient complaints process. Make it clear that harassment can result in disciplinary motion. Publicise the coverage and be certain that it’s simply accessible and reviewed recurrently. Present assist for complainants.
- Present coaching to staff and managers
Tailor this for the particular office and audience. The place third-party harassment is a danger, the coaching ought to deal with this. Preserve information of who has obtained coaching, and crucially, refresh it recurrently.
Be proactive and search for warning indicators within the office, reminiscent of illness, absence, a dip in efficiency, behavioural change or resignations.
