On 26 October 2024, the new duty on employers to take reasonable steps to prevent workplace sexual harassment took effect. Acas has now updated its sexual harassment guidance to take account of the new law.
New duty now in force
Employers are now under a duty to take reasonable steps to prevent workplace sexual harassment (Preventative Duty). Failure to meet the Preventative Duty could result in a compensation uplift of up to 25% if a harassment claim is upheld. The Preventative Duty reflects a broader trend towards strengthened protections against workplace harassment, as highlighted by the Employment Rights Bill. Once enacted, the Bill will introduce even stricter obligations for employers, marking a significant shift in employer responsibilities in this area.
Updated Acas guidance
Acas updated its sexual harassment guidance on 21 October 2024 to provide employers with practical advice on meeting the Preventative Duty. The guidance emphasises that employers should not wait for incidents of harassment to occur but should actively work to create a safe workplace environment. Key steps Acas recommends include:
- Conducting a risk assessment: Employers are advised to evaluate potential harassment risks specific to their workplace, considering factors such as roles that require employees to meet clients alone or environments where alcohol is regularly present.
- Implementing targeted preventative measures: Employers should assess the steps they could take to mitigate these risks. The guidance provides specific considerations, such as enhancing visibility in certain workspaces, ensuring security in locations where employees may work alone, and increasing supervision in settings that could elevate harassment risk.
- Evaluating reasonableness: Acas advises that the ‘reasonable steps’ an employer should take depend on the situation, underscoring the importance of context. Factors to consider include the nature of the work, the workplace environment, and the vulnerabilities of certain workers who may be more susceptible to harassment.
Policy alignment and preventative actions
The guidance further encourages employers to ensure consistency across all workplace policies. For instance, social media policies should address online harassment, extending to harassment that occurs on personal devices outside of work hours. Examples of reasonable steps include regular training, clear reporting processes, and disciplinary measures for violations. The specific risk of harassment by third parties should also be considered and mitigated.
By following these steps, employers can foster a safer, more respectful workplace while reducing legal risks under the Preventative Duty. Employers should in addition monitor further developments, especially with the Employment Rights Bill on the horizon, as this will bring additional, stricter requirements into effect. Employers contemplating policy changes or improvements are advised to prepare now, ensuring their approach to harassment prevention is both proactive and adaptable to future legal developments.
Here at Complisafe we feel that we know what we are doing when it comes to risk assessment. The assessment for sexual harassment is something we can aid with and collaborate with you and your HR team on as its a joint effort. We advise that this assessment is completed jointly because of the close links safety professionals have with the risk assessment process and the employment law knowledge of HR professionals
