From this Friday, employers must take “all reasonable steps”, rather than simply “reasonable steps”, to prevent sexual harassment of their employees. This change strengthens the preventative duty introduced in October 2024 under the Worker Protection (Amendment of Equality Act 2010) Act 2023.
The aim is to encourage employers to take comprehensive, proactive measures instead of relying solely on policies and procedures for responding to complaints.
A further significant change is the introduction of a duty on employers not to permit harassment of their employees by third parties, including customers, clients and members of the public. This protection extends beyond sexual harassment to other forms of harassment related to protected characteristics under the Equality Act 2010, subject to the statutory exceptions. Employers will need to consider how they prevent and respond to inappropriate behaviour from people who are not employed by their organisation.
Employers should review their existing policies and risk assessments, provide appropriate staff and management training, establish clear and confidential reporting procedures, and investigate complaints promptly. They should also consider risks arising from lone working, work-related social events, online communications and customer-facing roles. The appropriate measures will depend on the organisation's size, sector and working environment.
Failure to comply may expose businesses to legal, regulatory, financial and reputational risks. The strengthened duties also increase the importance of keeping records demonstrating what preventive measures have been taken.
If you need any guidance, please get in touch
Sarah Darbyshire FCIPD
HR Consultant and Director
HR Solutions Yorkshire Limited
Ad hoc and retained HR Advisory Services
HR/People Strategy - Business Change - Management Development - Employee Relations
T: 01937 591577
E: sarah@hrsolutionsyorkshire.co.uk
W: http://hrsolutionsyorkshire.co.uk
LinkedIn https://www.linkedin.com/in/sarahdarbyshirefcipd/
