Although we’ve had discrimination legislation for decades, progress has been far too slow. Clearly the current law has not been working effectively enough across all workplaces, and this new duty will mean improving the protection individuals receive from sexual harassment at work.
From 26th October 2024, new legislation will require businesses to take ‘reasonable’ steps to protect their employees from sexual harassment at work. There are several steps an employer must take and training for employees is crucial.
What is the definition of sexual harassment from an employment law point of view?
Sexual harassment is defined by the Equality and Human Rights Commission (EHRC) as “unwanted conduct of a sexual nature” that has the purpose or effect of “violating a worker’s dignity” or “creating an intimidating, hostile, degrading, humiliating or offensive environment for that worker”.
Does the legislation go far enough?
The legislation is a “significant step forward” in protecting workers from sexual harassment, because of its focus on “prevention” rather than “remedy”, Niamh Hogg, employment associate at Freeths, tells People Management.
However, she adds: “The requirement for employers to take ‘reasonable steps’ can be subjective and may lead to varying interpretations of what constitutes adequate prevention measures.
The legislation itself does not outline what the ‘reasonable steps’ employers need to take, while the EHRC’s guidance says that “what is reasonable will vary from employer to employer” and will depend on factors such as the employers’ size, sector, working environment and resources.
What can employers do to prepare for the new legislation?
Companies should ensure existing policies on sexual harassment are comprehensive and up to date, along with establishing “clear and confidential reporting mechanisms” for employees to report incidents of harassment.
Businesses should implement training for all employees, as well as ensuring all colleagues know how to report any complaints. Line managers should have specific training around how to “call out poor behaviour” and silence is no longer an option, managers are to encourage discussions with their team.
The first step is for an employer to understand what sexual harassment is and training their workforce. ‘Harassment’ covers unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment is unwanted conduct of a sexual nature that has that effect.
Employers need to consider how they can educate their employees and raise awareness within their business. At Guildford HR we can offer bespoke training on Harassment and Bullying for your business that gives examples that reflect your sector and working environment.
How can an employer prevent sexual harassment?
Employers should have a framework in place as to how sexual harassment at work is prevented and managed. This should not be just a ‘tick-box’ exercise. The employer needs to be proactive and show evidence that reasonable steps were taken.
Not only should an employer have a policy and procedure in place, but a risk assessment should be carried out too. Sexual harassment could also be covered in the induction process and probation period training for employees. Guildford HR can provide bespoke policies and help with induction training in this key area.
If you need HR guidance Guildford HR can act as your HR Manager. If you need support with this new legislation, then contact us for a free of charge discovery call on 01483 362732 or hello@guildford-hr.co.uk
