This legislation came into force last month (26th October 2024) and provides employers with a statutory duty to take “reasonable steps” to prevent sexual harassment. It is reported that at least 3 out of every 10 women have experienced sexual harassment in the workplace. Whilst this currently only applies to ’sexual’ harassment, as opposed to harassment for other reasons, there is nothing to say that the legislation will not be expensed in the future. This means that employers have to be proactive in protecting employees, which is likely to involve conducting risk assessments into the risks that exist and take all reasonable steps to remove and / or reduce any risk. Employers should consider things like the workplace demographics, presence of alcohol in any situation, existing workplace banter, current organisational culture, lone working, attending social / off site events, driving, staying away, etc. Having an Equal Opportunities policy and showing it to someone as part of induction is highly unlikely to be considered sufficient. Guidance has been produced on relation to this and covers an 8-step guide. We can support you implement these new processes and practices should this be required.
We strongly recommend getting these in place before the festive period begins to ensure that all employees are protected and employers are compliant with their obligations.