Sexual harassment in the workplace is a pressing issue requiring urgent attention from employers.
- New legal mandates will hold employers accountable to proactively prevent sexual harassment starting October 2024.
- The existing defence of showing ‘reasonable steps’ will escalate to a mandatory duty for employers to prevent harassment.
- Failure to comply with the new law could lead to increased compensation penalties for employers.
- This shift aims to safeguard employees’ wellbeing and promote a culture of respect and safety at work.
Sexual harassment remains a significant concern in workplaces, affecting mental health and overall employee satisfaction. According to recent data, 58% of women and 62% of women aged 25-34 have reported experiencing harassment at work, with even higher rates within the LGBT community. The detrimental impact on victims’ mental health makes it imperative for employers to address this issue comprehensively.
The forthcoming legislation, known as The Worker Protection (Amendment of Equality Act) Act 2023, introduces a crucial shift in employer responsibilities. Beginning in October 2024, employers will be legally obligated to take proactive measures to prevent sexual harassment. Employment tribunals will have the authority to increase compensation awards by up to 25% if an employer fails to fulfill this mandatory duty. However, the legislation does not create a direct cause of action for failing to comply, thereby necessitating additional evidentiary support in claims of harassment.
This legislative change requires immediate action from employers, not only to avert financial penalties but also to enhance workplace culture and safeguard employees’ wellbeing. Reports suggest that sexual harassment influences cultural dynamics, absence rates, psychological safety, and overall productivity. One in four victims modify their work patterns to evade perpetrators, and one in five leave their job altogether. Thus, fostering an environment free of harassment is not merely a legal obligation but a strategic business decision.
Employers are advised to conduct targeted risk assessments to identify vulnerabilities and implement pertinent measures. Providing tailored training, revising existing policies, and ensuring robust reporting mechanisms are critical steps. It is essential for policies to be understood and adhered to by all employees. Consideration of online reporting tools and confidential channels for communication can aid in creating an inclusive and responsive workplace environment. The emphasis on immediate action is underscored by the EHRC’s update plans for their code of practice and technical guidance.
The new law marks a pivotal step towards ensuring a safer and more respectful work environment, compelling employers to act decisively.
