Sexual Harassment Legal Update – October 2024
From 26 October 2024 the law is tightening up, with the aim to strengthen protection for employees against harassment in the workplace
From 26 October 2024 the law is tightening up, with the aim to strengthen protection for employees against harassment in the workplace. The Worker Protection Act amends the Equality Act 2010 and introduces a proactive legal obligation on employers to take reasonable steps to prevent sexual harassment in the workplace. Employers now face more stringent expectations and potentially more severe consequences if they fail to meet this obligation, including the possibility of having to pay additional compensation in sexual harassment claims.
What is sexual harassment?
Unwanted physical contact, banter, inappropriate messages or emails and comments about personal appearance or clothing may all be considered sexual harassment.
Do I need to put a stop to all banter in the workplace?
Not all banter is sexual harassment. Builders merchant Selco has recently introduced “better banter” training for its employees, which includes debating the difference between banter and harassment.
Banter can constitute harassment if it’s “unwanted conduct” related to a relevant protected characteristic (sex, race, age, etc.) which has the purpose or effect (even if unintentional) of either violating an employee’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. The fact that the employee has previously put up, or even joined in, with banter doesn’t necessarily mean the conduct isn’t unwanted. There may also be circumstances where banter isn’t unwanted in the early stages, but it later oversteps the mark and becomes unwanted. It can be difficult to assess whether workplace banter has overstepped the line into harassment, as it’s not quite as simple as saying certain comments are clearly banter and others aren’t as the tests that are applied are legal ones and will include an employment tribunal considering the employee’s reasonable perception of the banter they are subjected to.
How do I protect my staff?
As highlighted recently in the Harrods case, employees must be able to raise concerns without fear of repercussion or intimidation.
The Equality and Human Rights Commission has also released official guidance on how to prevent sexual harassment in the workplace. Guidelines include:
- Have a robust anti-sexual harassment policy and review it regularly.
- Carry out risk assessments.
- Train your staff on how to stay safe and how to report any incidents.
- Have a clear reporting procedure and act quickly to deal with complaints.
- Make third parties aware of your zero-tolerance stance.
- Take appropriate action against anyone found guilty of sexual harassment.
Do I need a policy?
It may not be a legal requirement but like so many HR policies, having one will underpin your stance and set out your expectations to your workforce.
A robust policy and evidence that staff have been educated will not only protect your staff but also your business as this will reduce your vicarious liability in the event of a tribunal claim. An individual work colleague can also be named as a respondent in a claim of sexual harassment. If an employee “goes rogue” and does not adhere to your policy and you have evidence that they have been educated and are aware of the policy then it is more likely that you will be in a better position to defend a claim, whereas your rogue employee may be personally liable for any award.
We will be updating all our client documentation to reflect these legal changes. However, if your business does not already have a policy in place or you are concerned about staff or third party conduct within your workplace then please contact us for advice and support.
Why not join us at our FREE seminar on 7 November when, in partnership with Glaisyers ETL, we look at the legal changes in more detail,