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New Sexual Harassment Law comes into force this week

New legislation comes into force on 26 October that increases penalties for employers who fail to prevent sexual harassment in the course of their workers’ employment. New steps are recommended in advance of the Christmas party season.

From 26 October 2024, new legislation on sexual harassment comes into force which increases the responsibilities and duties of employers. It also applies to third parties such as customers and clients and covers external events, conferences and parties. This legal change could generate more claims in the approaching Christmas party season due to excess alcohol and the freeing of people’s inhibitions.

 

The new legislation, part of the Worker Protection (Amendment of Equality Act 2010) Act 2023, states that employers must take all “reasonable steps” to prevent sexual harassment of their workers.

 

A new penalty of up to 25% uplift on any successful sexual harassment compensation award in the Employment Tribunal is also included in the new Law. This uplift will be based on how lax the employer has been in complying with new preventative steps.

 

The Equality and Human Rights Commission (EHRC) has offered guidance for employers, with eight steps that employers should take to prove they have complied with this duty - the eight steps are stated below.


Laura Donnelly, Employment Law Solicitor at Martin Searle Solicitors says: “This week’s legislative change in is an important cultural shift to actively protect workers from unwanted sexual harassment. We have been actively campaigning to stamp out sexual harassment for everyone, whatever their gender identity or sexual orientation, with our #Me Too Matters Campaign.

 

“We also want to help protect employers who may face vexatious claims. The adoption of these eight steps together with a thorough and fair investigation should ensure they are not vicariously liable while also ensuring justice for both complainants and alleged perpetrators.”.

 

Fiona Martin, Head of Martin Searle Solicitors’ Employment Law team comments: “It is crucial that these steps are taken seriously to create an egalitarian workplace culture where all staff feel comfortable and supported. All workers should feel able to call out anything they believe to be sexual harassment, whether this involves them personally or is directed at a colleague or third party. This includes telling someone directly that they don’t like the way they are behaving to stop this behaviour escalating.

 

“A risk assessment must be taken and, not surprisingly, most employers will deduce that large volumes of alcohol fuel bad behaviour. It may be prudent to limit free drinks at the impending Christmas do with more non-alcoholic beverages and guidelines on the invite about what constitutes unacceptable behaviour.”

 

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