New sexual harassment laws: what employers need to know before the 26th October

Partner and Head of Employment Law, Nigel Targett shares insights into the new sexual harassment laws coming into effect in England on the 26th October, 2024, which will place stricter obligations on employers to prevent sexual harassment in the workplace.

In response to a series of high-profile incidents and growing public awareness, new sexual harassment laws came into effect in October. These laws mark a significant shift in workplace protections, aiming to hold employers more accountable for preventing harassment and ensuring safer environments for employees. With these changes, businesses must now take proactive steps to address and prevent inappropriate behaviour, reflecting the increasing emphasis on safeguarding workers’ rights and dignity in the workplace.

Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, businesses will be legally required to take ‘reasonable steps’ to stop sexual harassment before it occurs, reinforcing the employer’s responsibility to maintain a safe environment for all employees.

This duty specifically applies to sexual harassment, extending beyond just workplace behaviour to work-related events like conferences or social gatherings. Failure to comply could result in severe financial penalties, including a 25% uplift in compensation for employees if an employer is found in breach of these duties.

However, the precise definition of ‘reasonable steps’ has not been explicitly outlined, leaving it up to employers to assess risk and implement preventive measures effectively.

Employers should also be aware that these new laws revive conversations around third-party harassment, where employers may be liable for the actions of clients or other external parties.

As the law approaches implementation, companies should review their policies and ensure comprehensive training and risk assessments are in place to protect their workforce and mitigate the potential risks​.

For more information regarding the new sexual harassment laws and for any legal advice regarding this matter, please don’t hesitate to contact Coole Bevis LLP’s Employment Law team.

www.coolebevislaw.com

nigel.targett@coolebevisllp.com