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Sexual harassment in the workplace is a serious issue with far-reaching consequences. To address this, the UK government will introduce the new Worker Protection (Amendment of Equality Act 2010) Act 2023, which takes effect on October 26th 2024.

This new legislation places a greater responsibility on employers to create a safe and inclusive work environment. Failure to comply can result in significant financial penalties, reputational damage, and legal action.

To start preparing for the upcoming changes, download this useful checklist. This checklist provides actionable steps and a comprehensive guide to help employers ensure compliance with the new sexual harassment law. Need support? Get in touch to find out how we can help.

Understanding the new ‘preventing sexual harassment’ legislation

The legislation introduces a new legal duty on employers to demonstrate that they are taking reasonable steps to prevent sexual harassment in the workplace. This goes beyond having an anti-harassment policy – it requires active measures to protect employees and create a safe working environment.

“Whilst the legislation doesn’t take effect until 26th October, it’s the view of the Empowering People Group that taking proactive steps early is not only great from a cultural point of view, but will also help you put your best legal foot forward when the Act does kick in. We’re here to help you prepare early for the impact of the changes and the practical steps you can be taking.” – Simon Fowler, CEO of Empowering People Group.

New Worker Protection (Amendment of Equality Act 2010) Act 2023: Key changes and consequences

  • Increased financial penalties: Employers who fail to comply with the new law could face severe financial penalties. Employment tribunals may increase compensation awards by up to 25% in sexual harassment cases.
  • Regulatory action: The Equality and Human Rights Commission (EHRC) has the authority to enforce penalties against businesses that do not take sufficient steps to prevent sexual harassment.
  • Reputational damage: Failing to prevent sexual harassment can lead to significant reputational harm, potentially resulting in lost business and employee attrition.

Why employers should act now

“The statistics highlight the need to take action now: From our data, we can see that 1 in 7 harassment cases are related to sexual harassment, and Halborns legal experts say 30% of employees have reported experiencing sexual harassment in the past 12 months. Alarmingly, nearly half of all incidents go unreported. With this new law, employers may face a surge in sexual harassment claims. Preparing now is essential to mitigate both legal and reputational risks.” – Hayley Saunders, HR Technical Consultant and AdviserPlus.

Practical steps for employers to prepare for new legislation

To comply with the new sexual harassment law, Jessica Kelleher, Head of Litigation at Halborns, recommends employers implement the following measures:

  1. Review and update policies: Ensure that your anti-harassment policies are clear, specific, and accessible. Include examples of inappropriate behaviour, detailed reporting procedures, and commitments to confidentiality and non-retaliation.
  2. Conduct thorough investigations: Investigate all complaints of sexual harassment promptly and thoroughly. Establish a transparent process, appoint impartial investigators, and provide support for both the complainant and the accused.
  3. Conduct risk assessments: Assess your workplace for potential risks of sexual harassment. Consider factors like the work environment, employee demographics, and social activities. Implement measures to mitigate these risks.
  4. Provide regular training: Offer regular, comprehensive training on sexual harassment to all employees. This training should include legal definitions, real-world examples, and clear reporting procedures. It is also important to educate employees about the consequences of non-compliance.

Get in touch to find out how we can help you get started.

Take proactive measures to prevent sexual harassment

The new sexual harassment law is a significant step towards creating safer workplaces. By taking proactive measures, employers can protect their employees, mitigate financial risks, and maintain a positive reputation.

Exclusive offer: As a thank you for signing up to watch our on-demand webinar here, you’ll receive a 10% discount on our comprehensive eLearning course, ‘Preventing Sexual Harassment’. Developed in partnership with Halborns and Learning NexusEmpowering People Group companies, this course offers in-depth training on the new law, best practices for prevention, and strategies for creating a safe and inclusive workplace.

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