New Protections from Sexual Harassment at Work

New Law Mandates Employer Action to Prevent Harassment

In a significant step forward for workplace safety and employee well-being, new legal protections against sexual harassment have come into force in the UK. The new duty, which took effect on October 26, 2024, mandates that employers must take “reasonable steps” to prevent sexual harassment in the workplace. This change is not merely a legal tweak; it represents a cultural shift aimed at making every workplace a safer and more inclusive environment.

What Does the New Law Mean for Employers?

The core of this new protection is the proactive duty it places on employers. Previously, the legal focus was often on addressing sexual harassment after it had occurred. While the Equality Act 2010 already provided avenues for legal recourse, persistent reports of sexual harassment indicated that a more preventative approach was needed.

Under the new law, employers are now required to anticipate potential instances of sexual harassment and take concrete steps to prevent them. This goes beyond simply having a policy in place; it involves creating an environment where such behavior is actively discouraged and where employees feel safe and supported. This could include a range of measures, from comprehensive training and clear reporting procedures to fostering a culture of respect and accountability.

The Impact on Employees

For employees, this new duty offers a heightened level of protection. While an individual cannot directly sue their employer for failing to meet the preventative duty, the new law strengthens existing protections. If an employee brings a successful sexual harassment claim, a tribunal can now consider whether the employer failed to take reasonable preventative steps. If a failure is found, the tribunal has the power to increase the compensation awarded to the employee by up to 25%.

This is a powerful incentive for employers to take their preventative responsibilities seriously. It provides a clear financial consequence for inaction, which is expected to drive meaningful change in how businesses approach workplace safety.

Resources and Guidance for a Safer Workplace

To assist employers in meeting their new obligations, a range of resources have been made available. The Advisory, Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission (EHRC) have published guidance to help businesses develop effective policies and plans. This guidance is crucial for employers who want to protect their staff, avoid costly legal disputes, and foster a positive working environment.

The introduction of this new duty is a clear statement from the government: sexual harassment has no place in the modern workplace. It is a vital step in creating a safer, more productive, and more equitable working world for everyone. By focusing on prevention, the law aims to tackle the issue at its root, ensuring that all employees can work with dignity and security.