Unfortunately for many, sexual harassment still happens far too often in the workplace, and many people who experience stay quiet out of fear of losing their jobs or causing upset at work. In addition, most instances of sexual harassment are only reported when it’s too late, and many employers simply don’t know what to do when facing reports of sexual harassment among their workforce. That is where The Workers Protection (Amendment of Equality Act 2010) Act 2023 comes in.
As of 26 October 2024, this Act brings important and new protections for employees across England, Scotland, and Wales. Now, employers will have a legal obligation to prevent sexual harassment in the workplace, as well as take proactive and reasonable steps to protect their employees from sexual harassment.
What does this change mean for you?
Under this new Act, employers are now legally required to implement measures to tackle sexual harassment before it occurs in the workplace. This change emphasises the importance of creating a sexual harassment-free workplace environment where all employees can feel safe and respected.
What should my employer be doing?
This change now requires every employer to take ‘reasonable steps’ to prevent sexual harassment from taking place. While ‘reasonable steps’ is not defined in the amended Act, this will entirely depend on your workplace. This could include:
- Understanding sexual harassment – this includes spotting the signs, talking to victims of sexual harassment, and knowing how to effectively deal with any cases of sexual harassment in the workplace.
- Workplace training and awareness on sexual harassment – Ensuring all staff, including employees and managers receive regular training on sexual harassment.
- Clear and thorough reporting channels – Ensuring all staff know how to report sexual harassment confidentially, without fear of backlash.
- Implementation of sexual harassment policies – Ensuring sexual harassment policy is up-to-date, clearly, and effectively written and ensures that all staff have access to the policy.
- Undertaking risk assessments – Employers have a legal duty to ensure the health, safety, and wellbeing of their employees, and therefore should use risk assessments to identify any areas at work where employees may be at risk of sexual harassment. They should then use these findings to put measures in place to address these issues.
- Fostering a positive workplace culture – Employers should actively promote an inclusive and respectful workplace culture and ensure that all employees know that sexual harassment is unacceptable and will not be tolerated.
My employer is not taking the necessary steps to prevent sexual harassment at work. What can I do?
As part of the new Act, if a tribunal finds an employer did not take reasonable steps to prevent sexual harassment, the victim can receive additional compensation (up to 25% more).
If you are the victim of sexual harassment, or you feel your employer is not complying under the new Act to properly address it, speak with your Community Union Rep, or contact us for support.
Further information
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