Preparing for New Sexual Harassment Laws: Employer’s Guide

From 26 October 2024, the law is changing. Employers will soon have a duty to take reasonable steps to prevent the sexual harassment of their employees under the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the new Act).

What is Sexual Harassment?

Sexual harassment occurs when a person engages in unwanted conduct of a sexual nature, and that conduct has the purpose or effect of either violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for a person.

Evaluating Your Workplace

To reduce the chance of sexual harassment incidents happening within your workplace, you should evaluate what you are currently doing as a business to prevent such incidents and what you can do to improve this so that should the worst happen, and an incident arises, the business is best protected from a legal standing. You can sign up for our forthcoming webinars on how to fulfil this duty for business here and for educational institutions here.

Why is This Duty Important?

The new Act grants employment tribunals the power to uplift discrimination compensation by up to 25% when an employer is found to have breached the new duty to prevent sexual harassment. There is no cap on discrimination compensation.

Be Prepared for Allegations

Despite an employer’s best efforts to minimise the risk of incidents happening, you need to be ready for an employee to raise a grievance or bring a claim alleging sexual harassment in the workplace. Historic allegations may arise as a result of this topic being highlighted (in response to the change in legal duty), so you must be prepared to act in this scenario as well.

There are two scenarios where you may need to act swiftly, and you may wish to get in touch with us for support:

1. An allegation of sexual harassment is raised, either informally or via a formal grievance; and/or
2. A claim is brought by an employee for sexual harassment, requiring a response within a tight deadline.

Responding to Allegations or Claims

Should one of the above scenarios occur, you may understandably feel concerned or uncertain about how to proceed. That’s where we come in. We will guide you step-by-step to ensure matters are handled in a legally compliant manner while also limiting reputational damage and minimising the impact on employee morale, both for those directly involved and for the wider team.

Information Needed to Support You

When an allegation is made, we will need some initial information to support you in creating a plan of action:

• Details of the allegation(s)
• A copy of the company’s harassment policy
• Information on what steps the business has taken to fulfil its duty to prevent sexual harassment (e.g. Training)

It is crucial that once an allegation is raised, it is dealt with reasonably, appropriately, and sensitively due to the nature of the issue. We will work with you to ensure the right individuals are appointed to appropriate roles, such as identifying the best investigator. We can also help you navigate confidentiality concerns and provide guidance on supporting both sides, as employers have a responsibility for the health, safety, and wellbeing of all employees.

Handling a Claim

In addition to the points above, if a claim has been issued, we will need the following:

• Deadline for response (28 days)
• A copy of the claim form and any accompanying documents
• Relevant documents in the business’s possession, including any previous dealings with the allegation(s) – grievance, investigation, outcome

Once a claim is issued, to protect the business’s legal position, a defence must be submitted to the Employment Tribunal by the deadline. A thorough and well-prepared defence, focusing on the law and process, can make a significant difference in the outcome. We can also assist in assessing the likelihood of success and exploring options if there are risks to your business’s case.

If you do not already have insurance to cover legal costs, we recommend putting that in place now. This is a proactive step to mitigate potential financial risks.

Preparing for the Law Change

The law will change on 26 October 2024. If you need support in navigating these changes or responding to incidents, we are here to assist you with whatever you need.