The Worker Protection (Amendment of Equality Act 2010) Act 2023
As of 26th October 2023, significant changes to UK law will come into effect, particularly around sexual harassment in the workplace. Companies will now have to demonstrate more than simply having a relevant policy on file or risk an uplift in rewards should a case go to tribunal.
Training will be essential in demonstrating due diligence in this matter. With extensive experience in managing complaints of this nature, I can assist by delivering targeted training that equips your team with the knowledge to recognise potential issues early, prevent escalation, and respond effectively if challenges arise.
What are the Key Changes?
The amendments impose **positive obligations** on employers, requiring them to take **reasonable steps** to prevent sexual harassment at work. Previously, it was sufficient for businesses to have policies in place, but that will no longer be enough. Employers must now demonstrate active engagement in creating a safe working environment through consistent and proactive measures.
Positive Duty on Employers
The most notable shift is the requirement for employers to actively prevent sexual harassment. This means that having a policy is no longer the end goal—it’s just the beginning.
Employers must now:
- Implement effective training: It’s not enough to inform employees of the policy; businesses must ensure that all staff are trained on what constitutes sexual harassment and understand the company’s procedures for addressing complaints.
- Consistent monitoring and enforcement: Regularly reviewing the workplace environment, monitoring complaints, and ensuring follow-up action is critical. Employers will need to be vigilant, and evidence of ongoing efforts to prevent harassment is key.
- Foster a culture of understanding and accountability: The onus is on the employer to make sure that all employees are aware of what constitutes inappropriate behaviour, the consequences of engaging in such conduct, and the support available to victims.
Shifting the Burden of Proof
Under the new law, the burden of proof has shifted more significantly onto employers. If a sexual harassment claim is brought against a company, the employer must demonstrate that they took all reasonable steps to prevent it.
This includes:
- Showing evidence of robust policies, regular training, and ongoing communication.
- Being able to prove that employees are well-informed about their rights and the procedures to report any instances of harassment.
Employers must show that they actively worked to enforce those policies and create a culture where harassment is not tolerated.
What Happens if Employers Fail to Comply?
Employers who fail to meet their obligations could face **significant legal consequences**. If an employer cannot prove they have taken reasonable steps to prevent harassment, they may be held liable for any instances that occur within their organisation. This could result in substantial penalties, reputational damage, and a loss of employee trust and confidence.
Taking Action
To comply with the new law, employers should take immediate action by:
- Reviewing and updating workplace policies on sexual harassment and equality.
- Implementing comprehensive training programmes to educate all employees, including managers and leadership, about the legal and moral implications of workplace harassment.
- Setting up a clear and accessible reporting system that ensures confidentiality and swift responses to complaints.
- Monitoring the workplace environment and taking steps to correct any practices or behaviours that may lead to harassment.
- Communicating regularly with staff to remind them of the standards expected and the support available.
To find out more about Sexual Harassment Laws in the workplace and how Leonie Goodman HR Consulting can help please get in touch here.