Onus on employers to proactively protect workers from sexual harassment

12th June 2024

Employers who fail to take proactive steps to protect employees from sexual harassment in the workplace could be hit with steep compensation claims.

For employers that find themselves in an Employment Tribunal in a claim for sexual harassment, if the Tribunal find that they also breached a new legal requirement of failing to take ‘reasonable steps’ to prevent harassment, they will face extra penalties.

In the event of a breach, employers could be forced to pay out an extra 25 percent uplift on compensation to victims under the Worker Protection (Amendment of Equality Act 2010) Act, which comes into effect later this year.

Failure to implement protective policies and procedures and a lack of robust systems which are supported by measures to uphold the law, such as training and culture change in the workplace, could prove costly.

Gone are the days where it was enough for a business to be reactive to an allegation of sexual harassment. Today, it is by no means enough.

Companies need to demonstrate to all employees that sexual harassment will not be tolerated, and they need to set out in detail the measures they have taken or are taking to prevent it.

With another five months to go until the law comes into effect, businesses need to be taking steps now. As well as ensuring they are fully prepared for the legislation, early preparation will allow them to effectively demonstrate they took all reasonable steps to prevent harassment within the workplace, should there ever be a tribunal claim.

Possible steps could include providing training on what may constitute harassment including sexual harassment and update any relevant policies to make clear zero tolerance stance and provide employees with information on a clear pathway to raise concerns if they consider they are victims of sexual harassment.

The creation of a central log for complaints of harassment of any nature or conducting regular assessments to identify risk factors and preventative measures in the workplace.

The new law comes into effect in October this year.

For further advice on the above, or if you require any other Employment Law services and would like to discuss your situation with an expert employment solicitor, then please contact our experienced team.

Article written by Employment Solicitor, Kerry Hudson.