Workers in the UK are now afforded new protections from sexual harassment in the workplace, with employers required to create a safe working environment.
A new duty under the Equality Act 2010 has come into force which requires all employers to take reasonable steps to prevent sexual harassment of their employees, including by third parties.
New guidance has also been published to help employers protect their staff.
The new legal requirement means that employers must anticipate when sexual harassment may occur in the workplace and take reasonable steps to prevent it. If sexual harassment does take place, employers are required to take action to stop it from happening again.
New sexual harassment legislation sends “clear signal” to employers
When the Worker Protection (Amendment of Equality Act 2010) Act came into force on 26th October, the Office for Equality and Opportunity said it sent “a clear signal to all employers” that they must take preventative action against sexual harassment of their employees and reduce the chance of it occurring. For some organisations, this will necessitate overseeing a culture change.
Prior to the introduction of the new duty, there was no legal obligation for employers to take proactive action to prevent sexual harassment of their employees.
Employers must now proactively assess the risks of sexual harassment, identify preventative actions and regularly review their policies and processes. It also includes the ability for compensation in sexual harassment claims to be increased.
The Government Equalities Office reports that almost three quarters of the UK population (72%) have experienced sexual harassment at work. Meanwhile, the Trades Union Congress (TUC) estimates that half of women (52%) have experienced some form of sexual harassment in the workplace.
The Minister for Women and Equalities, Anneliese Dodds, said the government is determined to “make work safe.”
She continued:
“Too many people feel uncomfortable or unsafe at work due to sexual harassment and we are putting every effort into putting a stop to it. The preventative duty is an important step on the journey, and we will continue to improve protections for workers until everyone can thrive.
“The Equality Act provides legal protections against sexual harassment in the workplace. Despite this, persistent reports and revelations in recent years indicate that it remains a problem. So, from today, employers will be required to take ‘reasonable steps’ to prevent sexual harassment of their employees.
“We will strengthen this duty through our Employment Rights Bill, which had its Second Reading this week, and will boost economic growth by tackling poor productivity, insecure work and broken industrial relations.”
New guidance to support employers in tackling sexual harassment
The Advisory Conciliation and Arbitration Service (Acas) has published updated guidance to help employers develop appropriate plans and policies regarding sexual harassment in the workplace.
The Equality and Human Rights Commission (EHRC) has also updated its technical guidance on sexual harassment for employers to reflect the new duty.
Britain’s equality watchdog said its new guidance would support employers to meet their new legal obligations under the Equality Act 2010.
The guidance includes the following recommended actions for employers:
- Develop a robust anti-harassment policy, which covers third party sexual harassment, and communicate this widely
- Undertake regular risk assessments to identify where and when sexual harassment may occur and reasonable steps to prevent it
- Be proactively aware of what is happening within the workplace and identify any warning signs by engaging with staff through 1-2-1s, surveys and exit interviews
- Monitor and evaluate the effectiveness of actions designed to prevent sexual harassment
The new duty also affords the EHRC the power to take enforcement action against organisations which have failed to take reasonable steps to prevent sexual harassment.
Workplace sexual harassment still ‘widespread and under-reported’
The Chairwoman of the EHRC, Baroness Kishwer Falkner, said that workplace sexual harassment “continues to be widespread and often under-reported.”
She added:
“Everyone has a right to feel safe and supported at work.
“The new preventative duty […] aims to improve workplace cultures by requiring employers to proactively protect their workers from sexual harassment.
“Employers will need to take reasonable steps to safeguard their workers. We have updated our guidance to ensure they understand their obligations and the kinds of steps they can take.
“We will be monitoring compliance with the new duty and will not hesitate to take enforcement action where necessary.”
The EHRC also provides an 8-step guide for employers on preventing sexual harassment at work.
The equality regulator says that sexual harassment is typically defined as “unwanted behaviour of a sexual nature.”
The Equality Act 2010 protects employees, contractors, self-employed people and job applicants from sexual harassment at work.
To be termed as sexual harassment, unwanted behaviour must have violated someone’s dignity or created an intimidating, hostile, degrading, humiliating or offensive environment for someone.
Behaviour can be deemed to be sexual harassment if it has one of these effects even if that was not the intention of the perpetrator. It is also deemed to be sexual harassment if behaviour was intended to have one of these effects but was unsuccessful in this.
Training to create a safe and supportive work environment
First Response Training (FRT) is one of the UK’s largest and leading national training providers.
Their company vision is to create safer working environments with people who care.
They deliver a wide and diverse range of training for businesses and organisations across all industry sectors and throughout the UK. Their course range includes training in the fields of health and safety, first aid, fire safety, manual handling, mental health, food safety, health and social care and more.
Their training is mapped to current UK standards and legislation and follows relevant industry guidelines, such as those issued by the Health and Safety Executive (HSE), Skills for care, the Care Quality Commission and the Resuscitation Council UK.
Based on a common sense, proportionate approach to workplace safety, training helps learners to understand the true benefits of creating a healthy, safe and inclusive environment at work but also underlines how it must go beyond training to ensure a full organisational approach and culture.
FRT are currently developing a training course about harassment in the workplace, which addresses sexual harassment and the Worker Protection (Amendment of Equality Act 2010) Act.
The Level 2 Award in Harassment in the Workplace will equip employees and managers with the knowledge and skills needed to recognise, prevent, and respond to harassment in the workplace, in line with the latest legislative requirements. It includes the following content:
- Introduction to Workplace Harassment
- The Legal Landscape
- Recognising and Responding to Harassment
- Prevention and Creating a Positive Workplace Culture
- Employer Responsibilities under The Worker Protection Act (Amendment of Equality Act 2010) Act 2023
- Case Studies and Scenarios
This course enables learners to:
- Define workplace harassment and distinguish it from other misconduct
- Understand the legal duties for preventing workplace sexual harassment
- Identify signs of harassment and know how to report it
- Apply strategies to build a respectful, inclusive workplace
- Recognise roles in fostering a safe, compliant work culture
A trainer from FRT explains:
“The introduction of this new duty under the Equality Act 2010 is a reminder that there is still work to do to ensure an equal and safe world of work for all.
“The workplace should be a safe and supportive environment that does not tolerate sexual harassment of any form. Protecting the health, safety and welfare of employees goes far beyond minimising risks to their physical safety and really requires a holistic approach to ensure they are properly supported and have a positive experience in the workplace.”
You can download our free guide to creating a happy and inclusive working environment.
For more information on any of the training courses that FRT can provide, please call them today on freephone 0800 310 2300 or e-mail info@firstresponsetraining.com.