Sexual harassment in the workplace – are you ready for the new duty on employers to protect and take reasonable steps? 

By Tracey Secker, Training Specalist at RSVP

New legislation has been passed to introduce a duty for employers to take reasonable steps to prevent sexual harassment in the workplace. 

It comes into force on 26 October 2024 – do you know what it means for you? 

Background 

The Worker Protection Act requires employers to take reasonable steps to prevent sexual harassment of their employees in the course of their employment, but the reasonable steps will depend on the employer, their industry, their size of organisation, etc.  So each employer will need to consider the options available to them and the most appropriate way they can take reasonable steps. 

There are two other aspects that employers need to consider when looking at the new duty: 

1.  Although there is no specific protection against third party harassment under the Act, there is still a duty by employers to take reasonable steps to prevent third party harassment. 

2. The Equality and Human Rights Commission (EHRC) have the power to take enforcement action against the employer. 

New duty to prevent 

Although the new duty does not come into force until October 2024 employers should not wait until it is in place, or an incident of harassment has taken place, or a complaint been raised before they take any action.  Compliance and reasonable steps to prevent harassments need to be considered in advance and will require planning and resources. 

The duty is focused on sexual harassment only – it does not cover harassment related to a protected characteristic such as race or disability, nor less favourable treatment for rejecting or submitting to unwanted conduct (although this is covered in previous guidance). 

Reasonable steps 

So what could be reasonable steps?  As we have said, this will vary from employer to employer depending on their size of organisation, type of employment, sector/industry they are in, and resources available.  

Some of the things an employer can look at include: 

• Assessing risks – what are risk ‘hotspots’ within the workplace, are there any power imbalances, job insecurity, lone working, the presence of alcohol, customer facing roles/duties, any events that present risks, worker secondment, lack of diversity in teams, social media communication/interaction or personal relationships at work. 

• Policies and procedures – do you have relevant, effective policies and procedures in place, and are they communicated to all current and new employees. 

• Training – do you provide adequate and appropriate training around what is harassment, victimisation and bullying, what to do if someone experiences it, and how to support disclosures and complaints. 

• Supporting employees – are you supporting your work force at all levels through 121s, staff surveys, exit interviews and/or open communication so they can raise concerns, and you can review your policies and procedures regularly. 

• Reporting – if disclosures are made, is your reporting procedure clear, does it centre the victim’s wants, does it protect the complainant from ongoing victimisation or harassment, is the complaint investigated in a timely manner and are all communications clear, transparent and also in a timely manner. 

Harassment by third parties 

As the new duty includes prevention of sexual harassment by third parties the above reasonable steps also relate to customers, clients, service users, patients, etc.  

Enforcement 

If the new duty is not followed and there is an incident, complaint or disclosure, there are enforcement consequences: 

1. The EHRC can take enforcement action against the employer – these include investigating the employer, issuing an unlawful act notice, enforcing a formal/legally binding agreement to prevent future unlawful acts, or asking the court for an injunction to restrain an employer from committing an unlawful act. 

2. If an employee succeeds in a claim for sexual harassment and is awarded compensation, an employment tribunal will consider if the employer has complied with the preventative duty.  If it feels the duty has been breached, the tribunal can increase the compensation by up to 25%. 

RSVP will be working with Colmore Business District to support local employers around the new duty of prevention by holding a workshop in the New Year- Sexual harassment in the workplace – are you ready for the new duty on employers to protect and take reasonable steps? 

More information will be coming on this soon and how you can book your space, but if you would like any advice, training or consultation support before this time, book a meeting with Tracey Secker from RSVP today at trainer@rsvporg.co.uk.