New duty for UK employers under the Equality Act 2010: preventing sexual harassment
As of 26 October 2024, a significant update to the Equality Act 2010 (the “Act”) has come into force, introducing a new duty for employers across the UK.
Under this duty, employers are now required to take “reasonable steps” to prevent sexual harassment in the workplace. This legislative development highlights the government’s commitment to fostering safer and more respectful workplaces.
The amendment to the Act builds on existing provisions that make it unlawful for employees to experience harassment, including sexual harassment, in the workplace. However, the new duty goes a step further by imposing an anticipatory and proactive obligation on employers.
Employers must now actively demonstrate that they have taken “reasonable steps” to prevent incidents of sexual harassment before they occur. Failure to comply could lead to liability if harassment takes place and the employer is found to have neglected this duty.
This duty covers acts by colleagues, third parties (such as clients or suppliers), and other individuals within the workplace environment.
What are “reasonable steps”?
While the exact definition of “reasonable steps” will depend on the nature and size of the organisation, general measures may include:
Policies and procedures
- Implementing anti-harassment and discrimination policies.
- Ensuring policies are clear, accessible, and regularly reviewed.
Training and awareness
- Providing regular training for all employees, including managers, to understand what constitutes harassment and how to prevent it.
- Ensuring staff know how to report incidents.
Clear reporting mechanisms
- Establishing confidential and accessible channels for reporting harassment.
- Ensuring all reports are investigated thoroughly and fairly.
Cultural change initiatives
- Promoting a workplace culture that values respect and inclusivity.
- Encouraging bystander intervention and fostering open discussions about workplace behavior.
Third-party safeguards
- Reviewing agreements and expectations with clients, contractors, and visitors to minimise risks of third-party harassment.
Penalties for non-compliance
The new duty adds weight to existing employer liabilities under the Equality Act. If an employer is found to have failed in their duty to take reasonable steps, they could face significant reputational and financial consequences.
Further, the Equality and Human Rights Commission (EHRC) has strengthened its role in investigating and enforcing compliance, with a focus on this new provision.
Preparing for compliance: practical steps
Employers should take immediate action to ensure compliance with the new duty:
- Audit current practices: conduct a comprehensive review of current policies, training programs, and reporting mechanisms. Identify and address any gaps.
- Seek expert guidance: Consider consulting legal professionals or workplace advisors to assess whether your measures meet the new legal standard.
- Engage employees: foster a workplace dialogue around respect and inclusion, ensuring that all employees understand their rights and responsibilities.
- Document efforts: maintain thorough records of all preventive actions, from policy updates to staff training sessions. This documentation can serve as evidence of compliance in the event of a claim.
A step forward for safer workplaces
The introduction of this proactive duty represents a critical step in reducing workplace harassment and fostering a culture of respect. While it places new responsibilities on employers, it also provides an opportunity to strengthen workplace relationships and enhance organisational reputations.
If your organisation needs assistance in understanding or implementing the new duty under the Equality Act 2010 please don't hesitate to get in touch.
