The Equality Act 2010 protects people from discrimination in the workplace and society.
Age, gender reassignment, marriage, pregnancy, disability, race/nationality, religion, sex and sexual orientation are the nine protected characteristics, which are referred to in the legislation.
In 2022, an amendment to the bill began in parliament. The purpose of the bill was to improve worker protections surrounding sexual harassment. This bill was passed into UK law on 26th October 2024 after many readings, reports and changes.
The amendments focus on:
- Employer duty to prevent sexual harassment of employees.
- Enforcement of duty to prevent sexual harassment of employees
- Compensation uplift
- Consequential Amendments to the Equality Act 2006
Employer duty to prevent sexual harassment of employees
This section demands employers take reasonable steps to prevent sexual harassment of employees during their employment. The specific behaviours fall under the definition of harassment found in section 26 of the Equality Act 2010.
This means that by law, employers cannot ignore sexual harassment within the workplace or between employees from the organisation. Excusing this behaviour as a “matter for the police” or “outside my jurisdiction” is dangerous. It comes down to the employer to tackle sexual harassment themselves with the correct procedure.
Enforcement of duty to prevent sexual harassment of employees.
Employment tribunals have jurisdiction to hear cases where employers fail to prevent sexual harassment of employees.
This happens when:
1. Employers fail to prevent harassment
or
2. Employers fail to act accordingly when incidents of sexual harassment occur.
Employers may prevent harassment by:
Establishing a zero-tolerance stance: All employees should be aware that sexual harassment is not tolerated and is unlawful. Clearly outline and define what constitutes sexual harassment in the workplace.
Clearly outline and define what constitutes sexual harassment in the workplace. Use the definition from section 26 of the Equality Act 2010.(mentioned earlier).
Third-party harassment: Protect your employees from individuals outside your organisation who work with your team. This includes harassment from clients, customers and other third parties like distributors.
Employee training: Employees should know what and when to report harmful behaviour. As much as you may try, you can’t have eyes everywhere, meaning you likely rely on your team to spot signs of harassment. Employees need to know what to look out for in the workplace. Through proper training and procedures, you can educate your team on how to act when sexual harassment occurs.
As an employer, it’s your legal duty to prevent sexual harassment in the workplace. Businesses ignoring early signs of harassment is distressingly common and leads to their business developing a toxic culture.
Compensation uplift
The new amendment introduces a compensation uplift in cases of workplace sexual harassment. Employment tribunals may find that harassment has occurred within the working environment. In these cases, the victim may be entitled to financial compensation from their employer.
During tribunals, it should be clear whether the employer failed to take “reasonable steps” to prevent sexual harassment. The tribunal may award an additional compensation uplift in cases where they haven’t. It penalises employers who fail in their duty to prevent sexual harassment at work.
How People Matters can help
Your business should be a safe environment for employees, and it’s down to you to nurture that environment. Doing it alone can be difficult, as you need that support. Amendments to employment law and new responsibilities mean you need to adapt.
Ensure you remain proactive in your role, and get in touch if you need help. People Matters HR have a team of experts who can provide proper guidance for compliance.
Learn more about our HR packages to find the right solution for your organisation regarding sexual harassment.