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Employers now responsible for preventing sexual harassment

On 26 October 2024, new rules came into effect which mean that employers now have a legal duty to take reasonable steps to prevent sexual harassment in the workplace.

Under the new rules, employers have a duty to anticipate when sexual harassment may occur and take reasonable steps to prevent it. If sexual harassment has already taken place, then an employer should take action to stop it from happening again.

Employers need to consider not just potential sexual harassment from colleagues, but also customers, service users and members of the public.

The aim of the measures is to encourage a meaningful change in working cultures and reduce the likelihood of workers experiencing sexual harassment. Although employees will not be able to make a claim against their employer for failing to take preventative measures, if a sexual harassment incident is identified and the employer did not take sufficient steps to prevent it, then the compensation paid to any employees who were harassed can be increased.

According to ACAS, in order to identify and address risks, employers need to:

  • consider the risks of sexual harassment happening in their organisation
  • consider steps they could take to reduce the risks of sexual harassment happening
  • consider which of those steps are reasonable for them to take

More guidance for employers on what sexual harassment is, and how to prevent it can be found on the ACAS website.

The Equality and Human Rights Commissions (EHRC) also have an eight-step guide for employers on preventing sexual harassment at work which covers the policies employers need, how to engage and train staff, assess risks, create a suitable reporting system and what actions should be taken if a report of sexual harassment is made.

 

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