Upcoming Changes to Sexual Harassment Legislation

Upcoming Changes to Sexual Harassment Legislation: What Employers Need to Know This October

What’s Changing on 26 October 2024? The upcoming changes in October 2024 are intended to bolster the existing framework, shifting more responsibility onto employers to prevent sexual harassment in the workplace. Below are the key changes:

1. Introduction of a New Duty to Prevent Sexual Harassment

A new legal duty will be placed on employers to actively prevent sexual harassment in the workplace. Employers will be held accountable not only for incidents that occur but also for failing to take proactive measures to prevent them. This duty is anticipatory, meaning businesses must take action before harassment happens, not just react after an incident.

This new duty will require employers to have more robust policies and procedures in place. It’s not enough to simply respond to complaints; businesses must demonstrate that they have taken reasonable steps to create a harassment-free environment. This could involve enhanced training, clearer anti-harassment policies, and better reporting and support systems.

2. Reintroduction of Employer Liability for Third-Party Harassment

Previously, employers could be held liable if their employees were harassed by third parties, such as customers or contractors. This protection was removed in 2013, but from October 2024, it will be reinstated. Employers will need to take reasonable steps to prevent third-party harassment or risk legal action.

3. Increased Compensation for Victims

Victims of workplace sexual harassment will have greater access to compensation. The reforms aim to ensure that individuals who experience harassment are compensated adequately for the harm they’ve suffered. If an employer is found to have neglected its duty to take reasonable preventative steps, a tribunal may increase compensation by up to 25%.

4. Time Limits for Reporting

Another significant change concerns the time limits for reporting sexual harassment incidents. Employees will have more flexibility in reporting harassment, ensuring they feel less pressured by strict deadlines when considering legal action.

5. What Should Employers Do to Prepare?

These legislative changes will require employers to revisit and potentially overhaul their current approaches to handling sexual harassment. Here are some essential steps businesses can take to stay compliant:

• Train Employees: Introduce or enhance training programmes focused on preventing sexual harassment, making it clear what behaviour is unacceptable and how complaints can be made.

• Implement Stronger Reporting Systems: Make sure that employees have clear and confidential ways to report incidents, and that management knows how to respond appropriately.

• Prevent Third-Party Harassment: Ensure you have measures in place to protect employees from harassment by third parties. This could involve updating contracts, informing clients of your anti-harassment stance, and providing staff with guidance on what to do if they face harassment from an external source.

• Create a Culture of Zero Tolerance: Promoting a zero-tolerance culture is crucial. Employees should feel empowered to report incidents without fear of retaliation, and leadership should visibly support efforts to combat harassment.

Conclusion

The changes coming into effect on 26 October 2024 represent a shift towards greater accountability for employers regarding sexual harassment in the workplace. By ensuring that your business is proactive in preventing harassment and supporting those affected, you can foster a safer, more inclusive working environment while also staying compliant with the law.

At Your HR Partners, we specialise in helping businesses navigate legislative changes like these. If you need support in updating your policies or training your team, get in touch with us today. Let's work together to ensure your workplace is a safe and respectful environment for all.