What you need to know now about sexual harassment at work
British employers need to take “reasonable steps” to prevent sexual harassment under new guidance issued by country’s equality watchdog today.
Guidance published by the Equality and Human Rights Commission (EHRC), says that employers could face penalties if they fail to implement preventative measures for sexual harassment by staff and third parties.
The new guidance is based on changes to the law made by the Worker Protection (Amendment of Equality Act 2010) Act, which introduces a new legal duty for employers to proactively prevent sexual harassment at work.
The legislation, which was introduced as a private members bill and comes into effect on 26 October, gives power to the EHRC to take enforcement action where there is sufficient evidence of organisations’ failings.
Baroness Kishwer Falkner, chairwoman of EHRC, said the guidance “aims to improve workplace cultures by requiring employers to proactively protect their workers from sexual harassment”.
She added: “We will be monitoring compliance with the new duty and will not hesitate to take enforcement action where necessary.”
While employers were previously liable for sexual harassment committed by their workers, the new guidance means they are now also liable for sexual harassment perpetrated by third parties such as customers and clients.
Sexual assault allegations
Sexual harassment in the workplace has dominated British headlines after multiple allegations of sexual assault and rape have been made against late former owner of Harrods, Mohamed Al Fayed.
According to Labour’s Make Work Pay scheme, one in two of all women have been sexually harassed at work.
While employers were previously liable for sexual harassment committed by their workers, the new guidance means they are now also liable for sexual harassment perpetrated by third parties such as customers and clients.
The guidance defines sexual harassment as “when a worker is subjected to unwanted conduct… which is of a sexual nature” including spoken words, written words, banter and jokes or pranks.
It states: “The conduct need not be sexually motivated, only sexual in nature … the preventative duty is an anticipatory duty.”
And it adds: “If sexual harassment has already taken place, the preventative duty means an employer should take action to stop sexual harassment from happening again.”
Regular risk assessments
One of the actions recommended to employers from the new guidance is undertaking regular risk assessments to identify where sexual harassment may occur and the steps that will be taken to prevent it.
The Act also states that the compensation in sexual harassment claims can be increased if an employment tribunal finds a worker has been sexually harassed and the preventative duty was not met.
If an individual succeeds in the tribunal, the employer can be ordered to pay a maximum of an additional 25% compensation.
The EHRC guidance says what is reasonable could vary from one employer to another but there would be no exemptions.
Referring to recent scandals that have rocked other British institutions, employment law expert Darren Newman said in a blog post: “If I were the BBC, the Ministry of Defence or the Metropolitan Police, I would regard a visit from the Commission as pretty much inevitable.”
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