The Equality and Human Rights Commission (EHRC) published the final version of its updated guidance to support employers in complying with the new duty to prevent sexual harassment, which came into force on 26 October 2024.
From 26 October, employers have a positive duty to take reasonable steps to prevent sexual harassment of their employees in the course of their employment.
Introducing a policy and providing sexual harassment training will not be enough, and there is a clear expectation of continuous compliance reviews in relation to risks and steps taken.
Those who fail to comply risk an uplift of up to 25% in compensation awarded by an Employment Tribunal and damage to staff morale and reputation.
Employers will be required carry out sexual harassment risk assessments. These assessments should consider when sexual harassment might take place in the business, whether by colleagues or third parties such as clients or members of the public, lessons from previous complaints and how the risk can be managed.
The final guidance makes clear that what is ‘reasonable’ will vary from employer to employer, and that every employer’s situation will be different. Previously, the draft guidance mentioned an employer’s size, sector, working environment and resources.
So, what should employers be doing to comply with these requirements?
They should:
- Issue a Sexual Harassment Assessment to all employees at least once a year;
- be identifying what compliance will look like for their business;
- prepare a prevention strategy and put anticipatory steps into action; and
- update relevant policies, risk assessment processes and steps taken to mitigate any risks identified.
If you don’t already have a Sexual Harassment Assessment form or require an updated, compliant Sexual Harassment Policy, please get in touch – thehelens@complexhr.co.uk
