Legal duty on employers to take “reasonable steps” to prevent sexual harassment comes into force

Employers now have a legal duty under the Equality Act 2010 to take “reasonable steps” to prevent sexual harassment of their employees and create a “safe working environment”.

The new protections, which came into force last week (26 October), mean that employers have a duty to anticipate when sexual harassment may occur and take “reasonable steps” to prevent it.

Further, if sexual harassment has taken place, an employer should take action to stop it from happening again.

The Office for Equality and Opportunity said: “This sends a clear signal to all employers that they must take reasonable preventative steps against sexual harassment, encourage cultural change where necessary, and reduce the likelihood of sexual harassment occurring.”

Guidance for employers on developing appropriate plans and policies has been published by the Advisory Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission.

The guidance includes what behaviour needs to be addressed and how complaints should be handled, to help employers protect their staff and avoid tribunals.

The Equality and Human Rights Commission’s guidance has been updated to reflect the new legal requirements.

Anneliese Dodds, Minister for Women and Equalities, said: “This government is determined to ensure that we not only Make Work Pay; we also make work safe. Too many people feel uncomfortable or unsafe at work due to sexual harassment and we are putting every effort into putting a stop to it. The preventative duty is an important step on the journey, and we will continue to improve protections for workers until everyone can thrive.

“The Equality Act provides legal protections against sexual harassment in the workplace. Despite this, persistent reports and revelations in recent years indicate that it remains a problem. So from today employers will be required to take ‘reasonable steps’ to prevent sexual harassment of their employees. We will strengthen this duty through our Employment Rights Bill, which had its Second Reading this week, and will boost economic growth by tackling poor productivity, insecure work and broken industrial relations.”

John Kirkpatrick, Chief Executive of the Equality and Human Rights Commission, said: “The Worker Protection Act will introduce new preventative duties for employers regarding sexual harassment in the workplace. We welcome these vital protections coming into force.

“Sexual harassment continues to be widespread and often under-reported. Everyone has a right to feel safe and supported at work.

“The new preventative duty aims to improve workplace cultures by requiring employers to proactively protect their workers from sexual harassment."

Kirkpatrick added: “Employers will need to take reasonable steps to safeguard their workers. We have updated our guidance to ensure they understand their obligations and the kinds of steps they can take.

“We will be monitoring compliance with the new duty and will not hesitate to take enforcement action where necessary.”

Lottie Winson