Equality and Human Rights Commission (EHRC) has published important guidance on sexual harassment and harassment at work. This includes an eight-step guide for employers to help them to comply with the new duty to take reasonable steps to prevent sexual harassment at work.
The government introduced new sections into the Equality Act which now requires employers to take reasonable steps to prevent sexual harassment of their employees in the course of their employment. It creates a positive legal obligation on employers to attempt to stop sexual harassment from happening in the first place. If an employer is found to have breached this new duty following a successful claim for sexual harassment, the Employment Tribunal can award an uplift of up to 25% to the employee’s compensation. This uplift could result in very high awards for compensation especially in discrimination claims where compensation is uncapped. The EHRC can also take enforcement action against employers at any time based on a suspicion which does not require there to have been an incident of sexual harassment.
The EHRC guidance includes a section on what it calls the “preventative duty.” It explains that what constitutes reasonable steps is an objective test that will vary between employers. Factors that are relevant to whether the test has been met include the size and resources of the employer, workforce diversity, the risk present in the workplace and the nature of any contact with third parties.
Risk Assessment
The guidance also highlights the need to complete a risk assessment to demonstrate compliance with the new duty. The risk assessment should cover working practices, including relevant policies and procedures and the working environment. The guidance includes examples of risk factors that an employer should take into account when considering how to comply with the new duty. These include job insecurity, power imbalances, the presence of alcohol, out-of-hours working, home working, socialising, and attending events outside the usual working environment.
Eight-Step Guide
The eight steps to take are as follows:
- Develop an effective anti-harassment policy.
- Engage with staff.
- Assess and take steps to reduce risk.
- Reporting.
- Training.
- Complaint handling.
- Deal with and prevent third-party harassment.
- Monitor and evaluate the effectiveness of actions.
Conclusion
A breach of this new duty does not give rise to an additional standalone claim. However, employers that fail to prepare for the new duty face an increased risk of sexual harassment claims which could be more expensive for them given the uplift to compensation. Employers may also face an investigation and enforcement from the EHRC, which could undermine staff morale and cause reputational damage.
For advice or further information on how to protect your business from sexual harassment claims, call Henry Doswell of Doswell Law Solicitors on 01233 722942. Alternatively, email Henry at henry@doswell-law.com
Disclaimer: Whilst every reasonable effort is made to make the information and commentary contained in this blog accurate and up to date, Henry Doswell takes no responsibility for its accuracy and correctness, or for any consequences of relying on it. The information and commentary in this blog does not constitute legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a lawyer about your case or matter.