On the 26^th of October, the new Worker Protection (Amendment of Equality Act 2010) Act 2023 came into force, introducing key changes to employer’s responsibilities. This new law emphasises the need for employers to actively prevent sexual harassment in the workplace. Any businesses, whether managing a small crew or a larger firm, need to be aware of these changes to stay compliant and protect both staff and the business.

One of the most important aspects of the new law is that employers are now required to take “reasonable steps” to prevent any form of harassment, including sexual harassment, from occurring in the workplace. Additionally, the law extends employer responsibility to incidents of harassment caused by third parties – this could include clients, suppliers, or even members of the public who interact with the company’s team.

The new legislation follows guidance from the Equality and Human Rights Commission (EHRC) titled Sexual harassment and harassment at work: technical guidance, which provides definitions and recommendations on preventing harassment.

What exactly is harassment?

According to the EHRC:

Harassment involves any unwelcome behaviour connected to a protected characteristic (such as gender, race, or age) that makes an employee feel intimidated, humiliated, or degraded.

Sexual Harassment includes any unwanted behaviour of a sexual nature, such as inappropriate comments, gestures, or physical advances. Even seemingly minor incidents can be legally actionable if they negatively affect an employee’s work environment.

Key changes under the new Act:

• Duty to prevent Sexual Harassment: Employers are now required to prevent harassment, rather than just reacting when incidents occur. This means putting measures in place to prevent problems before they start.
• Third-party Harassment: If harassment comes from outside the company – like suppliers or clients – the employer can still be held responsible. This is especially relevant for those businesses that operate predominately outside and on job sites.
• Increased Penalties: Employers found to be non-compliant with the new rules could face a 25% uplift in damages awarded to victims of harassment.

Steps to ensure compliance

To avoid liability and create a safe, respectful workplace, companies should consider the following:

Updating company policies: Review and update your anti-harassment policies to reflect the new law and communicate these to all staff. You may also need to revise external policies or contracts with clients to address third-party liability.

Provide Training: Regular training is key to ensuring your staff understand what constitutes harassment and how to report it. Make sure training materials are up to date with the latest legislation.

Implement a complaints procedure: Have a clear, confidential process in place that allows employees to report harassment, without fear of retaliation. Complaints should be handled promptly, with thorough investigations and appropriate actions when misconduct is found.

Positive Workplace Culture

Compliance with the new laws is not just about avoiding legal trouble. It will ensure that employees feel safe, respected, and valued whilst at work. A proactive approach to preventing harassment can also help build a positive workplace culture, improve staff morale, and ultimately lead to better business performance.