From today (26 October 204), employees can expect their employers
to take reasonable steps to protect them from sexual harassment
as a new duty comes into force.
Employers now have a duty to anticipate when sexual harassment
may occur and take reasonable steps to prevent it. If sexual
harassment has taken place, an employer should take action to
stop it from happening again. This sends a clear signal to all
employers that they must take reasonable preventative steps
against sexual harassment, encourage cultural change where
necessary, and reduce the likelihood of sexual harassment
occurring.
, Minister for Women and
Equalities, said:
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. The
preventative duty is an important step on the journey, and we
will continue to improve protections for workers until everyone
can thrive.
The Equality Act provides legal protections against sexual
harassment in the workplace. Despite this, persistent reports and
revelations in recent years indicate that it remains a problem.
So from today employers will be required to take ‘reasonable
steps' to prevent sexual harassment of their employees. We will
strengthen this duty through our Employment Rights Bill, which
had its Second Reading this week, and will boost economic growth
by tackling poor productivity, insecure work and broken
industrial relations.
Guidance for employers on developing appropriate plans and
policies has been published by the Advisory Conciliation and
Arbitration Service (Acas) and the Equality and Human Rights
Commission. This includes what behaviour needs to be addressed
and how complaints should be handled, to help employers protect
their staff and avoid tribunals.
Notes to editors
- An individual cannot bring a claim against their employer for
the preventative duty. An individual must first bring a claim
against their employer for sexual harassment. If the claimant is
successful, a breach of the employment duty will automatically be
examined.
- If an employment tribunal has found an employer liable for
sexual harassment, it can also consider whether the employer has
failed in its duty to prevent it, and if so, the tribunal can
order an uplift in compensation paid to the employee. A breach of
the duty may lead to an uplift in compensation by up to 25%. The
amount awarded should reflect the gravity of the breach. A breach
of the duty is also enforceable by the Equality and Human Rights
Commission under its existing enforcement powers.
- The Equality and Human Rights Commission's guidance on sexual
harassment for employers has been updated to reflect the new
legal requirements under the WPA: https://www.equalityhumanrights.com/guidance/sexual-harassment-and-harassment-work-technical-guidance
- The Acas guide for employers to creating a sexual harassment
policy is here: https://www.acas.org.uk/sexual-harassment.
