The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force in October 2024. This introduced a new positive legal obligation on employers to take reasonable steps to prevent the sexual harassment of workers – the ‘preventative duty’.
If an employer breaches this duty, the Equality and Human Rights Commission has the power to take enforcement action. Employment Tribunals will also have power to increase compensation by up to 25%.
‘Unwanted conduct of a sexual nature which has the purpose or effect of violating a worker’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment’.
Sexual harassment of a worker can be committed by:
There are various third parties that could sexually harass a worker in the course of employment: customers, clients, service users, patients, friends and family of colleagues or members of the public.
What is reasonable will vary and factors such as the employer’s size, sector, resources and working environment will be considered. It is an objective test and different employers may try to prevent sexual harassment in different ways, but no employer is exempt from the duty.
All employers should therefore:
The rationale behind this legislation is that prevention is better than cure. Having an inclusive culture, training staff about what is and what is not acceptable and ensuring there is an effective reporting process in place will be a good starting point.
If you wish to discuss this further, please do not hesitate to contact Natasha Smith by email: nes@cooperburnett.com or tel: 01892 515022.
This blog is not intended as legal advice that can be relied upon and CooperBurnett LLP does not accept any responsibility for the accuracy of its contents.
This blog was originally published in the Tunbridge Wells Business Magazine: https://twbusinessmagazine.com
