New Sexual Harassment Legislation

The Worker Protection (Amendment of Equality Act 2010) Act 2023, comes into force on 26th October 2024.    Are you ready?

The Act provides for a positive duty on employers to take reasonable steps in the workplace to prevent sexual harassment of their employees.    What constitutes reasonable will depend on the business size, resources and sector. The Act is about taking a pro-active, anticipatory approach.

To prepare for this new legislation organisations would be well advised to revisit their existing policies, procedures, working practices and training programmes to see if these are adequate to deal with a complaint of sexual harassment.  Points to consider are:

·        Is specific training offered

·        How is a sexual harassment complaint handled, is there a separate procedure or is it dealt with via a grievance procedure

·        Are complaints dealt with meaningfully so to encourage reporting of wrongdoing

·        Does the process offer support to both the person raising the claim and the person alleged to have sexually harassed that person

·        Does the process seek resolution

·        Is the disciplinary procedure robust enough to deal with any allegation

·        Are risk assessments carried out similar to what would be expected to prevent a health and safety incident.

If an employee is sexually harassed, brings an employment tribunal claim and is successful a tribunal can increase compensation by up to 25%.

If you would like assistance with a policy review or help managing a complaint or difficult situation, please get in touch on 01473 276170 or email us at soshr@sos-hr.co.uk