Is your business taking ‘reasonable steps’ to prevent sexual harassment?
Dangerously exposed to sexual harassment claims? Pulling out static policies will no longer cut the mustard (if it ever really did!)
What’s changing?
Imagine. You’re the HR manager of an esteemed Insta-friendly hospitality brand. Party season is in full flow, and you’ve just heard about complaints of sexual advances made toward front-of-house staff going unheeded. How confident are you that everything which should be in order, is in order?
Looming legislative changes will soon require employers to prevent workplace sexual harassment. If you haven’t grappled with the unnerving detail, you could be in for a fright!
The Worker Protection (Amendment of Equality Act 2010) Act comes into force on 26 October 2024. Adopted by the last Conservative government, it will impose a duty to take ‘reasonable steps’ to prevent sexual harassment.
Am I compliant?
On the face of it, you might think your business is already compliant.
But according to a recent CIPD report – concerning workplace bullying and harassment – only 36% of employees reported being satisfied those concerns had been resolved. Sadly, when faced with a complaint of sexual harassment, employers often revert to dusting off a long-overlooked employee handbook.
But when managing workplace sexual harassment, or in mounting a defence of a live claim, the employee handbook alone is rarely a failsafe. Citing a policy – or a one-off training session – in hope of burnishing credentials as a zero-tolerance employer, will probably be met with groans were you to find yourself at tribunal. Even before the imposition of this latest duty, the EAT has described the existence of a policy and one-off training alone as ‘ineffective’ in preventing workplace harassment.
More changes
Employees (and their behaviour) are but one aspect of this sinister outlook. Making employers vicariously liable for the harassment of an employee by a third party was included in the original draft of the Act. The House of Lords removed this provision – employers won’t now be vicariously liable for the actions of a third party – but this isn’t the end.
Employees may experience sexual harassment by any person within their work environment. As such, taking reasonable steps isn’t limited to sexual harassment from one employee to another; it can also cover third parties. Workplaces frequented by third parties (e.g. patrons of a bar or restaurant, where actions may be uninhibited) present a particular risk to employers.
Daunting as the new preventative duty might be, increased employment tribunal awards will also be frightening to hear. Where the new preventative duty is breached a judge will be able to increase compensation to claimants by up to 25%. Employers could also face scrutiny by the Equality and Human Rights Commission and their independent power to enforce the new duty and undertake its own investigations.
How Moorepay can help
Still confident everything’s in order? If not, take heed and act without delay, before it is too late! Take a look at our Employment Law services and enjoy peace of mind!
