Preventing sexual harassment: A new legal duty – Your questions answered
In light of the new Worker Protection (Amendment of Equality Act 2010) Act 2023 coming into effect on 26th October 2024, requiring all employers to take reasonable steps to prevent sexual harassment in the workplace, employers across sectors are facing significant changes in how they prevent, manage and respond to such incidents.
During our recent webinar, ‘Preventing sexual harassment: A new legal duty’, we explored the key responsibilities that businesses will need to adopt to ensure compliance with the upcoming legislation.
This blog addresses many of the questions raised during the session, providing clarity on risk assessments, training requirements, policy updates, and the steps employers need to take to create a safe and respectful environment.
Whatever sector you’re in, these answers will help guide your organisation through the changes and ensure you are prepared to meet the new legal obligations.
Everything you need to know to prepare for the new sexual harassment duty
- Is there a recommended risk assessment template for sexual harassment?
Yes, Halborns have a risk assessment template for sexual harassment. If you’d like to discuss access to this template, feel free to get in touch with us.
- If we provide generic eLearning for sexual harassment training, will we need to create additional materials specific to the housing or care sector?
It may be advisable to tailor your training to your specific sector, especially to ensure compliance with the legislation coming into effect in October. Certain sectors may have a higher likelihood of issues relating to third party harassment (high levels of client or customer interaction, for example), so it would be sensible to ensure any training covers specific risk factors relevant to your industry.
We can help you determine if a tailored course is needed or whether additional sector-specific FAQs and scenarios would suffice. Get in touch to discuss your requirements.
- What reasonable steps must employers take to prevent sexual harassment involving agency workers, contractors, or residents on-site?
Employers should take several proactive steps, including:
- Requiring agency workers, contractors, and residents to read and sign relevant policies.
- Providing them with training on acceptable behaviour and reporting mechanisms.
- Implementing additional measures such as risk assessments and ongoing monitoring to ensure compliance with the new legal duty.
- Can you provide examples of less obvious sexual harassment actions?
Sexual harassment covers a wide range of behaviours, including:
- Sexual comments, jokes, or innuendos.
- Taking unwanted pictures or staring suggestively.
- Sending inappropriate or sexually explicit emails or messages.
- Unwanted physical contact, such as brushing against someone or hugging.
- Suggestive comments on social media posts or pictures.
- Should older adults in care homes also be required to read/sign policies and receive sexual harassment training?
Yes, we recommend that care homes implement a sexual harassment policy for residents. This ensures that everyone is aware of what behaviour is unacceptable and knows how to report incidents, ensuring a safe and respectful environment.
- Is there a grace period for implementing new policies and training after 26th October 2024?
No official grace period exists, but the Equality and Human Rights Commission (EHRC) guidance suggests that what is “reasonable” may vary based on the size and nature of your organisation.
While it is best to start implementing measures as soon as possible, demonstrating that you are taking steps toward compliance will be critical
- If we have frontline employees who cannot be easily released for training, is there an allowance for staggered training after the legal duty starts?
The law does not specify an allowance for staggered training. However, EHRC guidance states that what is reasonable depends on the business and sector in which you operate.
As long as you can demonstrate efforts to roll out training as quickly as possible (and do ultimately roll out the training to all), you should be in compliance.
- Can someone who left a company due to sexual harassment but didn’t report it at the time still file a complaint?
Yes, they can still file a complaint after leaving the company. Employers must handle such complaints as though the employee were still working there.
For employment tribunal claims, however, the general time limit is three months from the date of the incident.
- Would suspension be an appropriate step if evidence of sexual harassment is found?
Suspension depends on the specific circumstances. Suspension is not always considered a neutral act under employment law, so it’s essential to seek specific advice before deciding on suspension to ensure you are taking appropriate steps within the circumstances of the incident.
- Are employers obligated to investigate complaints from employees who are leaving the organisation, as well as those from witnesses who have left?
Yes, all complaints should be investigated, regardless of whether the complainant or witnesses are leaving or have already left the company. This is to ensure the safety of current employees.
- How should an investigation be handled if the alleged harasser is a senior or influential figure?
To ensure impartiality and eliminate bias, investigations involving senior individuals should be conducted by someone in a higher or external position than the person alleged to have behaved inappropriately.
Confidentiality must be maintained throughout to protect all parties involved.
- Do organisations need a separate procedure for handling sexual harassment complaints, or can they refer to existing procedures?
This depends on whether your current procedures are appropriate for handling sexual harassment complaints.
We recommend reviewing your processes and considering a dedicated procedure to ensure compliance with the new legal duty.
- Is a standalone sexual harassment policy recommended, or can it be included in a broader policy?
A standalone sexual harassment policy is recommended, especially considering the new legal duty from October 2024.
This ensures a clear and specific mechanism for employees to understand and confirm they have read the policy.
- How should an employer respond if the person who experienced harassment doesn’t want to take the matter further?
Even if an individual does not wish to pursue a formal complaint, the employer still has a duty to investigate.
Employers should encourage the individual to report the incident formally while assessing whether the situation poses a broader risk to other employees.
- Can sexual harassment be treated as a whistleblowing concern?
Yes, sexual harassment may be considered a whistleblowing issue if the concern raised impacts others, such as colleagues or customers.
This should be handled according to your whistleblowing policy, especially if the person raising the issue is not directly affected.
- How long after an incident can sexual harassment be reported?
Internal complaints can be made at any time, regardless of this timeline (even if the employee has left your organisation).
For employment tribunal claims though, sexual harassment must be reported within three months, minus one day, from the date of the incident.
- How often should sexual harassment training take place?
Training should be refreshed annually as a minimum. New hires should also receive training during onboarding. Get in touch to discuss how we can help with solutions to ensure all colleagues receive the necessary training.
By implementing these practices, employers can meet the new legal requirements and ensure a safer, more respectful workplace for all. If you have further questions or would like personalised guidance, feel free to reach out to us here.
On-demand webinar | Preventing sexual harassment
Missed the webinar? Catch up on-demand here.
Download a useful checklist to start preparing here. If you need tailored support, please get in touch.