Sexual Harassment:
What you need to know
The law around sexual harassment has changed. Employers now have a legal duty to prevent sexual harassment and create a safe working environment.
Did you know employers can now be fined for failing to prevent sexual harassment? Are you prepared for this new legal responsibility?
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Key Takeaways:
– Employers now have a legal duty to prevent sexual harassment.
– Failing to act could lead to fines or higher tribunal compensation.
– Proactive measures like training and culture audits are essential.
The new duty under the Equality Act (2010) (effective October 2024 – aka, now!) requires employers to take reasonable steps to protect their employees against sexual harassment.
Employers are required to shift from merely punishing sexual harassment to actively preventing it. Before you do anything else, employers need to understand what sexual harassment is, and educate their workforce.
If employers fail to take reasonable steps to prevent sexual harassment, the Equality and Human Rights Commision (EHRC) could take action. Employers might also have to pay higher compensation if employees make successful tribunal claims.
What do you need to know?
Employers need to implement proactive measures to prevent sexual harassment against their staff, but what does this look like?
In no particular order..
1. Review existing guidance
ACAS, and the EHRC have both released helpful information and guidance on the new duty, which you can review here:
ACAS: https://www.acas.org.uk/sexual-harassment/steps-for-employers-to-prevent-sexual-harassment
EHRC: https://www.equalityhumanrights.com/employer-8-step-guide-preventing-sexual-harassment-work
2. Awareness and Culture
As a bare minimum, employers need to make sure their staff are aware of; how to report sexual harassment, your policy and the consequences for breaching it. Beyond awareness, fostering a culture of respect and accountability is essential. This means creating an environment where employees feel empowered to speak up, where policies are actively enforced, and where everyone understands their role in maintaining a safe and inclusive workplace.
3. Ongoing training programmes
Everyone in your organisation should be trained on; what sexual harassment in the workplace looks like, what to do if they experience it, and how to handle complaints.
When conducting training, it’s really important to get feedback from your staff, and offer regular refresher sessions.
4. Regular workplace culture audits
Workplace culture audits are essential for identifying and addressing issues related to sexual harassment. These audits could involve a thorough review of the organisation’s practices, employee perceptions, and overall working environment to ensure a culture of respect and safety.
Need help with this? Contact rachael@meraconsultancy.com
5. Update organisational risk registers
Including sexual harassment as a category on organisational risk registers encourages proactive management of the issue.
6. Policy review
How confident are you that your workplace policies are up to date with the latest legal requirements? Let me know in the comments, or drop me an email.
A policy on sexual harassment can help you identify risks and prevent sexual harassment in the workplace. You could also update existing policies on bullying or discrimination to include sexual harassment. However, I would recommend creating a stand alone policy.
Your policy should include:
- An explanation of sexual harassment, and a statement that says the organisation doesn’t tolerate it.
- What to do if you witness sexual harassment
- How managers should deal with complaints.
- How you will deal with sexual harassment from third parties
- What support is available
- Handling time off due to sexual harassment
- How you will assess and manage the risk of sexual harassment
ACAS have created guidance on how to create a robust sexual harassment policy here: https://www.acas.org.uk/sexual-harassment/creating-a-sexual-harassment-policy
7. Reporting Channels
Organisations should have reporting channels, which are responded to promptly and fairly. Any evidence of sexual harassment needs to be investigated quickly to send a clear message that this behaviour won’t be tolerated.
Sexual harassment and Christmas parties
It’s really important to consider the risk of sexual harassment when planning your Christmas parties – don’t forget you’re still liable for behaviour at afterparties. Consider; is your event inclusive? Have you conducted a risk assessment? Is offering a free bar really a good idea?
Looking ahead to 2026
Looking ahead to 2026: The Employment Rights Bill, which is still under consultation, is expected to extend these obligations further. It proposes that employers take *all* reasonable steps to prevent sexual harassment, including by third-parties. While these changes are still being finalised, it’s crucial for organisations to begin considering them.