Who Is Impacted?
The new sexual harassment laws apply to all employers with employees in the UK, regardless of their size or industry. From small businesses to large organisations, every employer is legally required to comply with these new regulations.
What Do the New Rules Mean for Employers?
Under the law, employers now have a legal obligation to take “reasonable steps” to prevent sexual harassment in the workplace. These new rules require a proactive, anticipatory approach to protecting employees, which includes:
- Identifying and Mitigating Risks: Employers are expected to conduct risk assessments to understand potential areas where harassment could occur, identifying and addressing vulnerabilities in the workplace. According to guidance from the Equality and Human Rights Commission (EHRC), employers are unlikely to meet this duty without a structured risk assessment, which is essential for addressing potential risks before incidents arise
- Implementing Preventative Actions: Organisations must establish policies, conduct training and create reporting mechanisms to work towards a harassment-free environment. This includes fostering an inclusive workplace culture, educating employees on acceptable behaviour, and ensuring all reporting avenues are clear and accessible.
What This Means for Employees
For employees, the new law offers enhanced protections against sexual harassment by other staff members and third parties, reinforcing their right to a safe and respectful workplace. Employers are now legally required to implement measures that and safeguard them from harassment. This law also extends protections to interactions with third parties, such as clients, contractors, and members of the public. If incidents do occur, employees may now have stronger legal support when seeking redress, as the Employment Tribunal can increase compensation by up to 25% in successful claims. Overall, this law establishes greater accountability, giving employees confidence to report issues without fear of retaliation.
Do the New Rules Apply to Third Parties?
Yes. Employers are also responsible for preventing sexual harassment by third parties. The duty covers a wide range of individuals beyond direct employees, including:
- Customers and Clients
- Contractors and Freelancers
- Service Users and Patients
- Conference Delegates
- Members of the Public
Employers must consider these groups in their risk assessments and policies to prevent harassment in all interactions that may affect their employees.
Potential Implications of Non-Compliance
Non-compliance with these regulations could have significant consequences for employers:
- Increased Compensation for Successful Claims: If an employee successfully brings a claim, the Employment Tribunal now has the authority to increase compensation by up to 25%.
- Enforcement Action by the EHRC: The EHRC can investigate suspected non-compliance and issue an “unlawful act notice.” Importantly, the EHRC does not require an actual incident of harassment to take enforcement action, which could harm an organisation’s reputation by highlighting a failure to provide a safe and respectful workplace.
Next Steps for Employers
With the law now in force as of 26 October 2024, it is essential for employers to act promptly to ensure compliance:
- Conduct a Thorough Risk Assessment to identify areas of potential risk and ensure these are addressed.
- Implement a Clear Anti-Harassment Policy outlining unacceptable behaviour, consequences, and reporting options and train staff on this policy.
- Provide Training for All Employees to promote a culture of respect and inclusion.
- Extend Policy Considerations to Third Parties by setting clear expectations for external parties interacting with employees.
By taking these steps, employers can foster a safer, more respectful workplace and demonstrate a commitment to compliance and employee well-being under the new regulations.
