On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force, introducing a positive legal obligation on employers to take ‘reasonable’ steps to protect their workers from actual sexual harassment at work.

In January 2020, the Equality and Human Rights Commission (EHRC) issued technical guidance to help employers, workers and their representatives understand how the Equality Act 2010 prohibits harassment at work.

A TUC survey in 2023 reported that 62% of women aged 18 to 34 said they had experienced sexual harassment, bullying or verbal abuse at work and that 70% who had experienced sexual harassment did not report it.

Employers can take appropriate actions to prevent and respond to workplace harassment and to ensure that their obligations are met.

Sexual harassment is defined by the Equality and Human Rights Commission (EHRC) as “unwanted conduct of a sexual nature” that has the purpose or effect of “violating a worker’s dignity” or “creating an intimidating, hostile, degrading, humiliating or offensive environment for that worker”.

If an employer breaches the preventative duty, the Commission will have the power to take enforcement action against them. Employment tribunals will also have the power to increase compensation for sexual harassment by up to 25%.

What is ‘reasonable’ will depend on the employer, and factors such as size, sector, working environment and resources.

Employers should not just wait until an incident of sexual harassment has taken place before they take any action. The duty requires that employers should anticipate scenarios when its workers may be subject to sexual harassment in the course of employment and take action to prevent such harassment taking place.

The Act requires the employer to take ‘reasonable steps’ to prevent sexual harassment, such as:

• Reviewing and updating policies and practices on sexual harassment
• Ensuring clear and confidential reporting arrangements
• Investigating promptly and taking appropriate action
• Speaking to HR to ensure compliance and best practice
• Encouraging 121 discussions
• Assessing cultural issues
• Ensuring a positive culture
• Training including bystander intervention – not just a tick box exercise!
• Making it clear who to raise any concerns with and the process for dealing with them
• Identify high risk areas, including where there is an imbalance of power, lone working
• The process seeks a resolution
• Retaining records of actions taken and ensure regular monitoring
• Ensuring that the evidence is available if the Equality and Human Rights Commission or ET wants to see this.

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