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Sexual harassment - New duties for employers

Published Oct 14, 2024

The law on sexual harassment is changing on 26 October 2024. Under the new legislation all employers will need to take steps to prevent sexual harassment. The legislation introduces increased protection to workers from sexual harassment and redefines how sexual harassment should be addressed in the workplace.

The change in law sees the implementation of the Worker Protection (Amendment of Equality Act 2010) Act 2023.

What is sexual harassment?

The law defines sexual harassment as:

  • Conduct of a sexual nature that has the purpose or effect of violating someone's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment; and

  • Less favourable treatment related to sex or gender reassignment that occurs because of a rejection of, or submission to, sexual conduct.

What is the change in legislation?

Under the legislation employers will have a proactive legal duty to take reasonable steps to prevent sexual harassment of their workers.

The duty will also require employers to protect their workers from harassment by a third-party including customers, suppliers and members of the public. A recent TUC poll highlighted the importance of the legislation through its finding that 52% of women aged between 18 and 32 had experienced sexual harassment at from a third party at work.

What action should employers take?

Employers must now be proactive in trying to prevent sexual harassment from occurring in the workplace.

Recommended actions for employers include:

  • Developing and widely communicating a strong anti-harassment policy, including third-party sexual harassment

  • Conducting annual awareness training, keeping attendance records and copies of course content

  • Including awareness training at induction

  • Setting up a clear process for reporting concerns

  • Responding to all concerns, investigating and feeding back to the complainant

  • Undertaking regular risk assessments to identify where sexual harassment may occur, and identifying steps to address the risks

  • Looking out for warning signs in the workplace and being “proactively aware” through surveys and exit interviews

  • Monitoring and evaluating how effective these steps are

Update your policy

If you have not already done so, please ensure you update your bullying and harassment policy and issue this out to your whole team.

Please contact your SSG HR Consultant if you need a copy of the updated policy.