The new sexual harassment legislation places a new legal duty on employers to proactively take reasonable steps to prevent sexual harassment in the workplace. This was introduced with the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into effect on 26 October 2024.
For organisations, this change signals a legal challenge and a powerful opportunity to build healthier workplace cultures, safeguard employees, and position themselves as leaders in fostering inclusion and respect.
Understanding the New Requirements
Under the new amendment, businesses are no longer able to take a reactive stance, addressing sexual harassment only when it arises. Instead, they must:
- Identify and mitigate risks of sexual harassment proactively.
- Develop clear and robust anti-harassment policies.
- Ensure employees, including managers, receive comprehensive training.
- Cultivate an environment where individuals feel safe to report concerns.
This duty extends beyond employees to include third-party interactions, such as those with clients, customers, and service users. Failure to meet these obligations could lead to financial penalties, reputational damage, and, in the case of tribunals, compensation increases of up to 25%.
Why Employers Must Act Now
Protect your People
At the heart of the new sexual harassment legislation is the recognition that a safe workplace is essential for employees to thrive. A proactive approach demonstrates a business’s commitment to employee welfare and creates an environment where everyone feels respected and protected.
Avoid Legal and Financial Risks
Non-compliance carries significant consequences. Beyond the potential legal costs, failing to implement preventive measures could result in reputational damage and the loss of trust among employees, customers, and stakeholders.
Strengthen Workplace Culture
Research has consistently shown that organisations that prioritise inclusivity and respect enjoy higher levels of employee engagement and retention. By addressing harassment risks proactively, businesses can foster a culture of trust and collaboration.
How do you Build a Proactive Framework?
To align with the new legislation, organisations should prioritise the following actions:
Comprehensive Training
Provide training tailored to all levels of the organisation, from entry-level employees to leadership. This should cover topics such as recognising harassment, bystander intervention, and reporting procedures. However, effective training goes beyond just compliance; it’s about fostering a culture of respect, professionalism, and psychological safety.
Developing an organisational culture that prioritises appropriate behaviour and professional standards is essential. Management training should empower leaders to understand their responsibilities, including acting swiftly on concerns, addressing inappropriate behaviours, and setting a positive example for their teams.
Continual professional development for all staff is also key to supporting well-being, enhancing communication, and creating an environment where employees feel safe to voice concerns without fear of retaliation. Regularly refreshing this training ensures ongoing awareness and reinforces the organisation’s commitment to a safe, inclusive, and respectful workplace.
Policy Development
Review and update existing anti-harassment policies to reflect the new legal requirements. Ensure these policies clearly define unacceptable behaviours, outline reporting mechanisms, and specify consequences for violations. Make the policy accessible to all employees and include it in onboarding materials.
Open Communication Channels
Establish safe, confidential avenues for employees to report incidents. Encourage feedback and ensure that all complaints are taken seriously and investigated promptly. Transparency in handling such issues reinforces trust in leadership.
Risk Assessment
Conduct a thorough assessment of workplace environments to identify areas where harassment risks may be higher. This includes reviewing workplace culture, interactions with the public, and lone-working roles. Implement targeted measures to mitigate these risks.
Technology and Support Tools
Consider adopting personal safety tools, such as mobile apps or wearable devices, to offer employees added security. These tools not only act as deterrents but also provide support during incidents, reinforcing the organisation’s commitment to safety.
Why Does This Matter?
The new sexual harassment legislation is not just about compliance; it’s about transforming workplaces into spaces where everyone can contribute and succeed without fear. A proactive approach can:
- Reduce incidents of harassment, creating safer and more inclusive environments.
- Enhance the organisation’s reputation as an employer of choice.
- Support employees’ mental health and well-being, leading to increased productivity and engagement.
What are the Next Steps in Educating and Raising Awareness?
Businesses that act now to adapt to the new sexual harassment legislation will avoid legal pitfalls and lead the way in building workplaces defined by respect and integrity.
At Crisp, we recognise that the new legislation will impact the training needs of businesses, which is why we are working with clients and have designed a course that addresses those needs. Providing opportunities to educate and raise awareness for all employees, and their role in preventing and addressing it, all with the purpose of creating a positive environment.
If you’re interested in how a tailored programme could support your business alongside the introduction of the legislation, please get in touch.