From 26th October 2024, new regulations regarding sexual harassment will come into force, applicable to businesses of all sizes, and these will increase the responsibility on employers to prevent harassment before it happens. The Equality Act 2010 protects workers from sexual harassment in the workplace, the Worker Protection Act 2023 amends the 2010 Act to strengthen protections against sexual harassment. 
 
This guide explains what you need to do to stay compliant and ensure your workplace remains a safe and supportive environment for all employees. 
 
What is Sexual Harassment? 
It is unwanted conduct of a sexual nature which has the purpose or effect of: 
violating an individual’s dignity; or 
creating an intimidating, hostile, degrading, humiliating or offensive environment 
 
What’s Changing? 
Here are the key points you need to know: 
Employer’s Duty to Prevent Harassment: You are required to take all reasonable steps to prevent sexual harassment in the workplace. This means being proactive, not just reacting when something goes wrong. 
Third-Party Harassment: You can now be held responsible if your employees are harassed by third parties (such as customers, contractors, or clients), unless you’ve taken steps to prevent it. 
Protection Against Victimisation: The new laws also provide stronger protections for employees who report harassment, ensuring they’re not penalised for speaking up. 
 
What You Need to Do 
You may already have some measures in place, but the new laws mean you’ll need to do a bit more to stay on the right side of compliance. Here’s what we recommend 
 
1. Update Your Policies 
Your policies regarding harassment need reviewing and either a separate policy on sexual harassment needs to be developed or your current harassment policy needs a specific section on sexual harassment. Key things to include: 
A clear, simple statement that harassment of any kind is not tolerated, specifically sexual harassment. 
Specific wording on third-party harassment, explaining that employees can report harassment from clients, customers, suppliers or contractors, and that this will be taken seriously. 
A section explaining the reporting process, so employees know how to raise concerns and are reassured that their complaints will be handled confidentially and promptly. 
Your training commitment explaining what training you’ll do and when. 
The risk assessment process and how risks will be identified. 
Make sure everyone in the business has easy access to this policy, and that it’s explained in plain language that everyone can understand it. 
 
2. Provide Training 
It’s important that everyone knows what sexual harassment is, how to report it, and what will happen if they do. We suggest: 
Training for all staff: Ensure everyone in your business understands what constitutes harassment and that they’re aware of the new rules around third-party harassment. 
Onboarding: Include training at the start of your onboarding programme so acceptable and unacceptable behaviour is clear for new employees.  
Manager-specific training: Managers need to know how to handle complaints properly, how to support employees, and what steps they’re required to take if an issue arises. 
 
Remember, training should be an ongoing process, not a one-off session. Regular refresher training helps reinforce the message. 
 
3. Conduct a Risk Assessment 
A risk assessment is now a requirement under the new law. You need to identify areas where harassment might be more likely to occur, particularly when your employees interact with third parties. Things to consider: 
Identify Risk Areas: Workplace layout and environment, remote or lone working, offsite locations, third-party interactions 
Assess Workplace Culture: Power imbalances, inappropriate behaviour tolerance, social interactions. 
Employee Roles and Interactions: Customer / client facing roles, travel and offsite work, power dynamics, work social events 
Review Third-Party Relationships: Third-party contact, contractor policies. 
 
Once you’ve assessed the risks, take steps to reduce them. This could involve making sure your staff are properly supported when dealing with clients or ensuring there are clear guidelines for appropriate behaviour. 
 
4. Take ‘Reasonable Steps’ to Prevent Harassment 
The new law expects you to take all reasonable steps to stop harassment before it happens. This means having a policy, carrying out training and having risk assessment as explained above but also: 
Acting quickly if a complaint is made: Make sure you investigate any reports thoroughly and promptly. 
Making reporting easy: Your employees should feel comfortable and safe reporting harassment. Consider setting up multiple ways to report, including the option to do so anonymously. 
Keeping things under review: It’s important to regularly assess whether your policies and processes are working, and to make improvements if needed. 
 
Keeping records of the steps you take will also help protect your business if a claim is made. 
 
5. Managing Third-Party Harassment 
If your employees deal with external parties (e.g., clients, customers, contractors or suppliers), you could be held liable if harassment occurs. To manage this: 
Set expectations with third parties: Make sure clients, customers, and contractors know that harassment is not tolerated, and that any incidents will be dealt with seriously. You could even include it as part of a visitors induction when they attend your pace of work.  
Contract renewal: Include a clause in any contract renewal to say that sexual harassment is not tolerated.  
Take action quickly: If harassment by a third party is reported, act immediately to protect your employee and address the situation, whether that means speaking to the third party or taking steps to prevent further contact. 
 
6. Protect Against Victimisation 
Finally, ensure employees who report harassment are protected from any form of victimisation. This means making sure they’re not penalised for raising a complaint, such as being treated unfairly, losing out on opportunities, or being ostracised. 
 
A positive workplace culture where people feel comfortable speaking up without fear is key. 
 
Why It’s Important 
While these steps are essential for legal compliance, they’re also about creating a safe and respectful workplace where your team feel supported. Handling sexual harassment issues properly can help prevent costly legal claims, protect your business’s reputation, and most importantly, increase engagement as your people know you are doing your best to protect them. 
 
What You Should Do Next 
Review and update your policies on sexual harassment. 
Provide training to all employees, especially managers. 
Carry out a risk assessment to identify potential issues, particularly with third-party interactions. 
Check your reporting mechanisms are working and accessible to all staff. 
 
If you need any help with policy updates, training, or anything else related to these new rules, please get in touch. We're here to help! 
 
 
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