New Preventative Duty on Sexual Harassment

On October 26, 2024, the Worker Protection Act 2023 (Amendment of Equality Act 2010) will introduce a new legal obligation for employers to take reasonable steps to prevent sexual harassment in the workplace. The Equality and Human Rights Commission (EHRC) has introduced a “preventive duty” for employers to take more proactive steps in preventing sexual harassment at work. 

This will require businesses to adopt more comprehensive measures to create a safe and respectful workplace environment.

Key Points for businesses:

1. Positive Legal Obligation: Employers must take reasonable steps to prevent sexual harassment of workers.

2. Enforcement Powers: The EHRC can take action against non-compliant employers.

3. Financial Implications: Employment tribunals can increase compensation for sexual harassment by up to 25% if preventative duty is breached.

4. Third-Party Protection: The duty includes preventing sexual harassment by third parties, such as clients or customers.

How businesses Can Prepare:

• Risk Assessment: Evaluate potential scenarios where sexual harassment could occur.

• Policy Review: Update your existing policies to reflect the new preventative duty.

• Training: Implement comprehensive training programs for all your employees.

• Reporting Mechanisms: Establish clear and accessible reporting procedures.

• Culture Change: Foster a workplace culture that actively discourages harassment within your company.

The EHRC is now consulting to make sure the guidance is clear and helpful. 

Benefits of engaging in the consultation process:

• Consultation Involvement: Engaging in the EHRC consultation process allows you to voice your unique challenges  as a business and contribute to shaping the final guidance. This proactive involvement can lead to more tailored and practical regulations that consider the realities of smaller businesses.

• Benefit from Feedback: By participating in the consultation, you can gain early insights into upcoming changes, allowing for better preparation and smoother transitions.

If you wish to take part in the consultation, you will find more information here

How Protean HR Can Help you: 

At Protean HR, we are committed to helping business navigate these changes effectively through:

• Compliance Audit: We will review your current policies and practices to identify areas for improvement.

• Policy Development: Our team will help craft robust anti-harassment policies tailored to your business.

• Training Programs: We offer tailored training sessions for employees at all levels.

• Risk Assessment: We will help you identify potential risk areas specific to your industry and workplace.

• Ongoing Support: Our team provides continuous guidance to ensure your business stays compliant as regulations evolve.

Don't let these changes catch you off guard. Partner with Protean HR to create a safer, more productive workplace that's fully compliant with the new preventative duty. Contact us today to schedule a consultation and ensure your business is prepared for the future of workplace protection.