We had a chat with Ed Heppel, Head of Employment at Rollits, about the Duty to Prevent Sexual Harassment.
On Saturday 26th October, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force. This imposes a positive obligation on employers to take reasonable steps to protect employees from sexual harassment in the workplace.
“Examples of how to facilitate this are wide-ranging,” said Ed Heppel, Head of Employment at Rollits. “For example, it can include clear communication, training that’s repeated periodically, and updated policies and procedures. This will ensure that all employees understand what is required of them in order to prevent sexual harassment taking place.”
Sexual harassment is defined as unwanted conduct of a sexual nature which has the purpose or effect of violating the dignity of a worker, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. It can take many forms, including but not limited to commenting on a person’s appearance, questioning someone’s sexual preferences or sex life, making offensive jokes, displaying pornographic material, or making unwanted physical advances.
“From 26th October, all employers need to be able to demonstrate that they have taken reasonable steps to prevent this type of behaviour and activity,” said Ed. “Details of the obligations are contained in the Equality and Human Rights Commission’s guidance on sexual harassment in the workplace.”
According to clause 3.31 of the guidance, an employer should:
- Consider the risks of sexual harassment occurring in the course of employment
- Consider what steps it could take to reduce those risks and prevent sexual harassment of their workers
- Consider which of those steps it would be reasonable for it to take
- Implement those reasonable steps
“The legal obligations will have a significant impact on business operations for all types of employers,” said Ed, “particularly those that have public-facing employees, such as businesses in the hospitality industry. Schools and other educational institutions will also need to take note, as teachers can sometimes be at risk of sexual harassment from pupils. The prevention of sexual harassment from third parties is very much part of the duty too, so it’s a comprehensive system that covers all potential sources of sexual harassment in the workplace.”
To support businesses and organisations in preparing for the changes, the Employment team at Rollits is ready to offer expert advice and guidance.
“We can provide training, assist in the drafting of new policies and procedures, and also help with the risk assessment process,” said Ed. “If you’re uncertain about any aspects of this new duty, please get in touch with Rollits as soon as possible.