New Workplace Harassment Protections 2024: Are You Ready?

The recent amendments to the 2010 Equality Act introduce significant changes aimed at preventing workplace harassment, particularly sexual harassment from 26 October 2024. The new law places a duty on employers to take reasonable steps to prevent sexual harassment. Here are some key points employers need to keep in mind:

Third-Party Harassment: While specific provisions allowing employees to directly bring claims against employers for third-party harassment didn’t make it into the final legislation, the new duty to prevent sexual harassment “in the course of employment” is broad. This means employers should still take third-party harassment seriously, as the duty covers more than just harassment by fellow employees.

Role of the EHRC: Employees cannot bring a free-standing claim for breach of this duty to an employment tribunal. Only the Equality and Human Rights Commission (EHRC) can do this. The impact of this duty on third-party harassment will largely depend on how the EHRC chooses to enforce it.

Compensation Uplift: If an employee successfully claims sexual harassment, the tribunal will assess whether the employer breached their duty to take reasonable steps to prevent it. A breach can lead to a compensation uplift of up to 25%, applied to the total harassment compensation—not just the sexual harassment component. This could significantly increase financial liability for employers.

Broad Scope of Claims: Employees can bring multiple harassment claims simultaneously. Even if sexual harassment isn’t the main focus of the case, as long as it’s upheld, the entire compensation for harassment can be subject to the 25% uplift.

Action Steps for Employers:

With these changes in mind, employers should be taking proactive steps now to prevent harassment within their organisation:

Although the EHRC’s Technical Guidance on Sexual Harassment is yet to be updated to reflect the new duty, it already offers valuable advice on preventing harassment. Employers should focus on:

Ensuring that your current policies and procedures are up-to-date and comprehensive.

Raising awareness by regularly communicating your commitment to a harassment-free workplace and taking any complaints seriously and dealing with them promptly. A confidential register of all complaints can help identify trends and issues that should be addressed. 

Conducting Sexual Harassment Risk Assessments by identifying specific risk factors or areas within your organization where harassment might occur and take steps to reduce these risks.

Continuously assessing the effectiveness of your anti-harassment measures and providing ongoing training to all employee and especially line mangers on recognizing, preventing, and reporting harassment. Remember to ensure that training is up to date and not just a tick box exercise. 

Being proactive and vigilant in identifying early signs of potential harassment issues.

Addressing any cultural issues, such as power imbalances or ‘banter’, and strive for greater transparency.

By taking these steps, employers can better protect their employees, create a safer workplace environment, and reduce the risk of costly legal claims. Proactivity is key in staying ahead of these new legal requirements and ensuring a respectful and inclusive workplace.

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Magara law is an employment law firm in Bicester, Banbury and Paddington, London, and services clients nationwide. For more information or to our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.