Employers have a duty to take reasonable steps to prevent sexual harassment under rules that come into effect in October. In future, employers that fail to protect workers will face steeper compensation awards by tribunals that find against them.

The tougher rules brought in by the Worker Protection (Amendment of Equality Act 2010) Act 2023 defines harassment as “unwanted conduct of a sexual nature”.

Not ready

But most businesses are not fully prepared for the Act coming into force, according to a survey conducted by HR consultancy WorkNest. Only just over a quarter (26 per cent) said that they knew what to do but had yet to implement it, with less than 1 per cent claiming that they were ready. The majority (58 per cent) admitted they had work to do to comply with the rules.

“The increased protection for employees in this area poses a risk to businesses, both financial and reputational,” Lorna Gemmell, HR training manager and solicitor at WorkNest, said. “It’s important that employers act now and implement the measures that will prove they are focused on protecting employees from sexual harassment.”

A key step will include carrying out a risk assessments to establish where the key sexual harassment threats lie within the organisation, she said. Measures such as providing regular, tailored employee training and introducing clear, well-communicated and regularly updated policies would also be critical. “It should also be communicated to employees how they can make a complaint, with a variety of reporting options being made available,” she said.

Anticipate

Organisations also have an “anticipatory duty” under the new legislation, according to Michael Powner, partner at the legal practice Charles Russell Speechlys. They must act before incidents occur. “Employers should proactively identify situations when their workers may be subject to sexual harassment in the course of employment and implement measures to prevent harassment taking place,” he told People Management magazine.

If sexual harassment has taken place, the preventative duty means an employer should take action to stop sexual harassment from happening again. Reasonable preventative steps will vary depending on factors including the employer’s size, sector and resources, with larger employers expected to do more, he added.