Regulator warns employers they must protect workers from sexual harassment

Employers are being warned they could face enforcement action from the equalities regulator if they fail to take reasonable steps to prevent workplace sexual harassment as a new law comes into force next month.

The legislation for England, Scotland and Wales introduces a preventative duty on employers to stop workplace harassment, instead of relying on employees to report incidents.

The Worker Protection (Amendment of Equality Act 2010) Act, due to come in from October 26, is aimed at improving workplace cultures and preventing sexual harassment.

Previously there was no pro-active legal obligation on employers to take steps to prevent sexual harassment at work.

The new obligation comes in the wake of what the Fawcett Society has previously described as a “slew of recent high-profile cases (which) shows it is rife in our workplaces”.

Watered down

Protections in the legislation were watered down as it made its way through Parliament, with Conservative peers in the Lords having raised concerns about free speech and employers becoming at risk of costly lawsuits.

As a result of a compromise, plans to make employers liable for harassment of their employees by third parties were struck out of the legislation.

Measures in the Bill insisting employers take every reasonable step to prevent sexual harassment were also watered down.

The Equality and Human Rights Commission (EHRC) has published new guidance ahead of the legislation coming into force, saying this will help employers understand their obligations.

Compensation

The Act includes the ability for compensation in sexual harassment claims to be increased by up to a quarter if an employment tribunal finds a worker has been sexually harassed and that the employer’s preventative duty has not been met.

The EHRC also has powers under the new law to take enforcement action where there is evidence employers have failed to take reasonable steps to prevent sexual harassment.

EHRC chairwoman Baroness Kishwer Falkner said: “Sexual harassment continues to be widespread and often under-reported. Everyone has a right to feel safe and supported at work.

“The new preventative duty coming into force on October 26 aims to improve workplace cultures by requiring employers to proactively protect their workers from sexual harassment.

“Employers will need to take reasonable steps to safeguard their workers. We have updated our guidance to ensure they understand their obligations and the kinds of steps they can take.

“We will be monitoring compliance with the new duty and will not hesitate to take enforcement action where necessary.”

Alesha De-Freitas, head of policy at the Fawcett Society, said: “For too long perpetrators have been able to hide because of workplace cultures that enable harassment and collude in cover-ups. This is about to change.

“From the end of October employers will be required to prevent sexual harassment from happening in the first place.

“This law is a big step forward and it’s testament to the power of Fawcett and our members and allies working together to bring about changes that makes workplaces work for women.

“We will continue to campaign to strengthen the law, and enforcement, until working cultures that allow sexual harassment to thrive are consigned to the history books.”