Upcoming Changes to Sexual Harassment Laws: Is Your Business Prepared?

The Fawcett Society reported in 2023 that at least 40% of women experience sexual harassment during the course of their career.

Starting 26 October 2024, all employers in the UK will be legally required to actively prevent sexual harassment in the workplace. Failing to do so could result in significant financial penalties if a claim is brought against your business.

What Does This Mean for Your Business?

Sexual harassment is defined under the Equality Act 2010 as unwanted conduct of a sexual nature that violates the victim’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. If such conduct occurs and a claim is made, here’s how the new changes could impact your business:

1. No Preventative Measures: If your business has done nothing to prevent harassment, you will be held liable. The employment tribunal will have the power to increase any compensation awarded to the victim by up to 25%.
2. Some Preventative Steps: If your business has taken some reasonable steps to prevent harassment, you may still be liable, but the 25% uplift will not be applied to any compensation.
3. Comprehensive Preventative Measures: If your business has taken all reasonable steps to prevent harassment, you will not be held liable, and no compensation will be required. This is the ideal scenario for employers, both legally and ethically.

How Can You Protect Your Business?

To confidently argue that your business has taken all reasonable steps to prevent harassment, or even better, to create a workplace environment where harassment doesn’t occur at all, consider implementing the following:

• Clear Policies and Procedures: Ensure that your workplace has a clear and comprehensive anti-harassment policy in place. This should be well-publicised to all employees and incorporated into your employee handbook.
• Training: Provide regular training sessions for all staff members, including management, on what constitutes sexual harassment and how to report it. This training should emphasise the importance of creating a respectful workplace culture.
• Reporting Mechanisms: Establish a confidential and accessible reporting system for employees to report any incidents of harassment. Make sure employees feel safe and supported when coming forward with concerns.
• Swift Action: Take immediate and appropriate action if a complaint is made. This not only demonstrates your commitment to a harassment-free workplace but also helps protect your business from potential claims.
• Regular Reviews: Regularly review and update your policies, training, and reporting mechanisms to ensure they remain effective and in line with legal requirements.

Next Steps

The upcoming changes to sexual harassment laws underscore the importance of proactive measures. By maintaining a safe and respectful work environment, you not only comply with the law but also enhance employee well-being and morale, which can lead to increased productivity and a positive workplace culture.

If you are unsure about your current policies or need assistance in implementing comprehensive anti-harassment measures, we are here to help. Our team of employment law experts can provide tailored advice and support to ensure your business is fully compliant and well-prepared for these upcoming changes.

Contact Us Today:

• Email: info@mylawsolicitors.co.uk
• Telephone: 01924 654194

Remember, taking action now not only mitigates potential risks but also demonstrates your commitment to a safe and respectful workplace for all.