In the UK, of those who’ve reported experiencing some form of sexual harassment in the past year, more than a quarter of those incidents have occurred in the workplace.
This growing concern has driven the introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the “Act”), which strengthens existing protections for employees against sexual harassment.
Why was this Act introduced?
Sexual harassment can manifest in many ways, including inappropriate propositions, intrusive questions about someone’s personal life, sexual gestures, or discussions about one’s own sex life.
While many organisations have made significant progress in fostering respectful workplaces, incidents of harassment persist. The way a company addresses and adopts the new legal requirements sends a clear message to employees about its commitment to their wellbeing, impacting not only employee retention but also recruitment efforts.
Understanding your new obligations
Under the Act, employers are now required to take reasonable steps to prevent sexual harassment of employees. This responsibility extends beyond interactions between colleagues to include third parties, such as clients, vendors, and members of the public.
Importantly, an employer can be held liable for harassment even if they were unaware of the incident. If an employee successfully brings a harassment claim, the employer’s failure to take reasonable preventative steps may result in additional compensation being awarded – up to 25% more than the initial amount. Compensation for sexual harassment can be made up of both past and future loss of earnings, injury to feelings, and personal injury. Since there is no upper limit on compensation for sexual harassment claims, this uplift could be significant.
What constitutes “reasonable steps” will depend on the organisation’s size, resources, and industry. Larger employers are typically expected to implement more comprehensive measures.
Key Actions Employers Should Take
To comply with the new legal requirements and create a safe work environment, employers should take the following actions:
1. Conduct a Risk Assessment
Identify potential risks of harassment across all work-related settings – whether in the office, at networking events, during off-site meetings, or even during business travel. Assess how protections can be extended to cover these various environments.
2. Update Policies and Procedures
Review and revise your organisation’s policies to reflect the broader scope of the Act. Clearly define sexual harassment, outline how complaints will be handled, and specify potential outcomes. Update the Employee Handbook to include guidance on how employees can report incidents, what to expect during the investigation process, and the potential consequences for those involved.
This guidance should be applicable not only to individuals who experience harassment firsthand but also to those who witness it.
3. Address Anonymity and Reporting
Employees may hesitate to report harassment, especially if the alleged perpetrator holds a senior position. Implementing a process that allows for anonymous reporting can help reduce fear of retaliation and encourage individuals to come forward. Organisations could consider appointing equality champions and dedicated lines of communication where harassment concerns can be safely brought.
4. Training: A Crucial Component
Providing targeted training for managers is essential to ensure they know how to respond appropriately to reports of harassment and to build awareness. Managers should be equipped to handle sensitive disclosures, offer support, and escalate issues as necessary. Active bystander training is also important. All training should be meaningful and maintained; it should be more than a one off or “tick box” exercise which will not be adequate.
It is equally important to provide guidance on managing allegations against the accused in a fair and impartial manner, maintaining a balanced approach until the investigation is complete.
5. Documentation and Continuous Monitoring
Document all actions taken to prevent and address sexual harassment, including risk assessments, policy updates, training sessions, and reported incidents. Regularly review the effectiveness of these measures and track cultural changes within the organisation.
In the event of a claim, detailed records can serve as evidence that the organisation took reasonable steps to prevent harassment, which may strengthen the employer’s defence before an Employment Tribunal.
Why action is important
Being unprepared opens the organisation to risk. Being proactive in implementing these steps will ensure you are doing what you can to prevent your business from becoming vulnerable to tribunal claims, costly payouts, and significant reputational damage.
For more information on your responsibilities under the new Act and how to implement effective policies and training, download the Loch Associates Group guidance note at Loch Associates Group.
About the author
The author, Lauren McLaughlin, Partner with Loch Law which is part of Loch Associates Group, is one of an extensive team of experts advising organisations on how best to manage and support their teams. Working across the UK, and with experience of most sectors, our award-winning team can develop solutions that encompass legal guidance, HR consulting, training, and wellbeing initiatives to ease your work-related issues and support your long-term organisational goals.
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