New protections for UK employees have come into effect, requiring employers to take proactive steps to prevent workplace sexual harassment.
This new duty under the Equality Act 2010 signals a strong commitment to safer workplaces, addressing ongoing concerns about harassment and creating a supportive work culture.
Employers’ Duty to Prevent Harassment
As of October 26, 2024, UK employers must make reasonable efforts to prevent sexual harassment at work. This adjustment to the Equality Act 2010 places a clear responsibility on businesses to identify and address any potential risks of harassment in the workplace.
Employers must actively assess situations that could lead to harassment and implement measures to reduce such risks.
The government has reinforced this duty to improve safety in workplaces nationwide. Minister for Women and Equalities, Anneliese Dodds, affirmed the government’s commitment to worker protection, saying,
“This government is determined to ensure that we not only Make Work Pay; we also make work safe. Too many people feel uncomfortable or unsafe at work due to sexual harassment, and we are putting every effort into putting a stop to it.”
How Employers Can Comply
To assist employers with this legal duty, the Advisory, Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission (EHRC) have released updated guidance.
This guidance includes recommendations on identifying inappropriate behaviours, fostering a respectful workplace culture, and ensuring complaints are handled appropriately.
Here are some of the recommended steps for employers:
- Risk Assessment: Identify potential situations that could lead to harassment, such as isolated workspaces or evening shifts.
- Clear Policies: Establish and communicate zero-tolerance harassment policies to all employees.
- Training: Regularly train managers and staff on acceptable conduct and ways to report incidents.
- Accessible Reporting: Ensure there are safe, confidential methods for employees to report concerns.
These measures not only reduce the likelihood of harassment but also support a workplace culture that respects employees’ well-being. The preventative approach is expected to help employers avoid potential tribunal claims and foster a positive environment for their workforce.
Potential Consequences for Non-Compliance
Should harassment occur, employers could face serious consequences if they are found to have neglected their duty.
If a tribunal determines that an employer failed to take reasonable steps to prevent harassment, compensation to the affected employee may increase by up to 25%, depending on the severity of the breach.
This new structure encourages employers to engage fully with their duty and ensures stronger accountability.
Requirement |
Responsibility |
Consequence of Non-Compliance |
|---|---|---|
| Preventative duty | Take reasonable preventative steps | Up to 25% uplift in compensation |
| Updated EHRC guidance | Develop a clear harassment policy | EHRC enforcement and potential reputational damage |
| Accessible reporting | Confidential and safe reporting | Increased risk of workplace tension and turnover |
Long-Term Benefits of the New Duty
This new preventative duty is not merely about compliance; it aims to reshape workplace culture, reducing harassment and improving productivity. By fostering a respectful environment, employers can reduce turnover, improve morale, and build trust with their employees.
This change also aligns with the government’s broader focus on tackling poor productivity and securing economic growth by addressing workplace insecurity and broken industrial relations.
The Employment Rights Bill, which complements this new law, is also advancing through Parliament. It aims to protect workers and further strengthen rights across various sectors, addressing persistent issues that impact the UK workforce.
Building a Better Future for UK Workers
While this legislation establishes the groundwork for safer workplaces, the practical responsibility lies with employers to ensure that their environments are supportive and harassment-free.
By investing in harassment prevention, UK businesses can demonstrate a commitment to safety, respect, and inclusivity, setting a standard for future workplace culture.
Summary
With the right policies, training, and reporting structures, UK employers now have the tools to create a safer, more respectful workplace—benefiting employees, organisations, and the economy alike.
As the nation takes this significant step forward, the new legal protections for UK workers underscore a broader societal commitment to respectful and secure employment for all.
Sources: THX News, Office for Equality and Opportunity & The Rt Hon Anneliese Dodds MP.
