by Emma | Mar 26, 2025 | Newsletter
What Employers Need to Know About the New Legal Duty from October 2024
From October 2024, employers across the UK were subject to a new legal duty to actively prevent sexual harassment in the workplace. This marks a significant shift from previous legislation, where the onus was largely on responding to incidents once they had already occurred. Now, employers must demonstrate that they are taking reasonable, proactive steps to stop sexual harassment before it happens.
This new duty is part of a wider movement towards improving workplace culture. It recognises that the impact of sexual harassment can be devastating – not only to the individuals affected but to the overall morale, trust, and productivity within an organisation.
Understanding Sexual Harassment
Sexual harassment is defined as unwanted conduct of a sexual nature which has the effect of violating someone’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Crucially, the behaviour does not have to be intended to cause harm or distress, and it doesn’t need to be sexually motivated – it simply has to be of a sexual nature and unwanted.
The Equality and Human Rights Commission (EHRC) offers comprehensive guidance and gives examples of behaviours that could constitute sexual harassment, including:
- Sexual comments, jokes, or innuendos
- Staring or leering suggestively
- Unwanted touching, hugging, kissing or massaging
- Sexual propositions or advances
- Promising career rewards in exchange for sexual favours
- Displaying sexually explicit images or posters
- Sharing sexually explicit content via email, text or social media
- Intrusive questions about someone’s private or sex life
- Spreading sexual rumours
Importantly, sexual harassment can occur through any form of communication, not just face-to-face interactions. Emails, social media messages, and phone calls can all fall within this definition if the conduct is sexual in nature and unwanted.
It is also worth noting that just because a person may have previously accepted or even encouraged certain behaviours, it does not mean they continue to welcome them. If something becomes unwanted – even after being welcomed in the past – it can still be harassment.
What’s Changed in the Law?
The key change brought in by the October 2024 legislation is the introduction of a preventative duty. This means that employers must not wait for a complaint or incident to arise before taking action. They must assess potential risks, put measures in place to minimise them, and regularly review their practices to ensure they are fit for purpose.
If an employee feels their employer is not doing enough to prevent sexual harassment, they can now make a referral to the EHRC (Equality and Human Rights Commission), even if no incident of harassment has occurred. The EHRC has the power to investigate and, if necessary, issue an order requiring the employer to take appropriate steps. This could lead to legal consequences and reputational damage for businesses who are not compliant.
Practical Steps for Employers
Employers should act now to ensure they are meeting this new duty. Here are some practical and recommended actions based on EHRC guidance:
- Develop a Clear and Robust Anti-Harassment Policy
This should clearly define what constitutes sexual harassment, outline the reporting process, and explain the consequences for those who engage in such behaviour. It’s vital that the policy covers third-party harassment, such as incidents involving clients, customers, or suppliers.
Once developed, the policy should be shared widely and regularly across the organisation – making sure all staff know how to access it and what support is available.
- Conduct Regular Risk Assessments
Look closely at your workplace and working arrangements to identify where harassment might be more likely to occur. For example, are there areas where staff are often isolated? Are events or social activities adequately supervised? Think about both in-person and remote working environments.
Following the assessment, put steps in place to reduce those risks – such as implementing reporting procedures, increasing visibility, or providing extra training where needed.
- Create a Culture of Openness and Respect
Encourage staff to speak up by offering safe and confidential ways to report concerns. Engage with employees through one-to-one meetings, anonymous surveys, and exit interviews. These can help to uncover issues that might otherwise go unnoticed.
It’s also essential that leaders and managers set the tone by modelling respectful behaviour and taking all complaints seriously, no matter how informal they may seem at first.
- Provide Regular Training
Offer training that goes beyond simple box-ticking. Staff should understand what sexual harassment is, how to report it, and how to be active bystanders if they witness it. Managers, in particular, should receive tailored guidance on how to handle complaints sensitively and appropriately.
A Step Towards Safer Workplaces
While this new duty introduces more responsibility for employers, it also represents an opportunity to build safer, more inclusive workplaces. By taking proactive steps now, organisations can not only reduce the risk of harassment but also show their commitment to employee wellbeing and professional integrity.
Creating a workplace culture where everyone feels safe, respected and valued should be a priority – not just for legal compliance, but for the health and success of the business as a whole.
by Emma | Mar 7, 2025 | Newsletter
The longest month of the year is over and hopefully we can look forward to some better weather and some lighter nights.
It’s February and love is in the air!
Let’s talk about personal relationships at work and how they could be an issue for you the employer:
- Workplace relationships can create perceived or actual favouritism which then could undermine team morale and create resentment among colleagues. Employers need to look out for conflicts of interest, especially if one is a manager of the other.
- Romantic relationships can distract employees from their duties and negatively impact their performance. It can also distract other members of staff where it becomes a subject of gossip.
- What about if the relationship ends badly? one party might allege harassment or retaliation, leading to potential legal and reputational risks or create a toxic environment, where colleagues may be forced to pick sides. Breakups or disputes between partners may lead to one or both parties leaving their roles, disrupting team continuity and increasing recruitment costs.
- If not handled professionally, workplace relationships can harm an organisation’s public image, especially in cases of scandal or negative media coverage.
And these are just a few reasons why employers need to ensure they are aware of personal relationships between staff so that they can manage them. I highly recommend that all businesses have a policy in place.
Please give me a call for a policy or if you would like to chat to me about an issue you have regarding personal relationships at work.
Neonatal Care Leave and Pay Act
The Neonatal Care (Leave and Pay) Act 2023 is expected to come into force in April 2025. This will enable parents with babies needing specialist care after birth to get up to 12 weeks of paid leave, in addition to existing maternity and paternity leave.
Parents will qualify for neonatal care leave from day one of their employment if their baby is admitted to hospital within the first 28 days of birth and stays for at least seven full days. The leave can be taken for up to 12 weeks. Those with at least 26 weeks’ continuous service will also qualify for statutory pay during this leave period, and they’ll have the same employment protections as those associated with other forms of family related leave, including protection from dismissal or detriment as a result of having taken leave.
If you would like a Neonatal Care Policy please contact me.
Case 1
A trainee optician has received £14,588 in compensation after being dismissed for taking time off following a miscarriage.
The tribunal concluded that her dismissal was both unfair and discriminatory because of her pregnancy.
The claimant had been signed off work by her GP for one week after experiencing a miscarriage and was “struggling to come to terms” with it, the tribunal heard. Despite this, her employer, Bingham & Young Optical, terminated her contract. The company had argued that her dismissal was unrelated to her miscarriage and said that they had received customer complaints, however the tribunal found these to have been fabricated.
The government are proposing changes to the employment bill to include paid bereavement leave for women and partners who have a miscarriage/still birth before 24 weeks. Watch this space for further information when we have it.
If you have any questions concerning this case please give me a call.
Case 2
A cleaner at an NHS hospital, who was fired after having 400 sick days in four years, was unfairly dismissed and her employer failed to make reasonable adjustments, a tribunal has ruled. Yes, 400 days is a lot and you may have a policy which enables you to discipline after certain triggers are hit – however, this cleaner had a disability. The Company failed to acknowledge this and dismissed without making any reasonable adjustments.
If you have any absence issues or require an occupational health report please contact me.
by Emma | Nov 19, 2024 | Newsletter
The Labour government has announced 28 new changes to employment law, affecting businesses of every size across the UK. With complex updates like these, understanding and implementing them properly can feel overwhelming, and failing to comply could have serious financial and reputational consequences.
Here are some of the significant changes you should know about:
- Day-One Rights: The traditional “2-year rule” will soon be replaced by day-one rights, which will fundamentally change how you manage new employees from the very start. This means adapting onboarding and management practices to align with these new protections.
- Zero-Hour Contracts Banned: In a significant shift, zero-hour contracts will no longer be allowed. Employers will need to offer regular hours to employees, which may require you to re-evaluate current staffing strategies and employment contracts to meet new standards.
- Flexible Working for All: All employees will now have the right to request flexible hours or a four-day workweek from day one. This change could impact working patterns across your organisation, requiring a fresh approach to workforce management, productivity tracking, and scheduling.
- Enhanced Sick Pay: Employers will need to enhance sick pay benefits, ensuring employees receive higher compensation during illness. Adjusting your policies and payroll processes in light of this will be necessary to maintain compliance.
What Does This Mean for Your Business?
With these changes set to impact how businesses operate, it’s crucial that your contracts, policies, and documentation are not only updated but reviewed for legal accuracy and readiness. Beyond documentation, you’ll need to communicate these changes effectively to your workforce, whether through comprehensive training sessions, team meetings, or written updates. Preparing in advance ensures smooth transitions and minimises potential disruptions.
Get Expert Support and Peace of Mind with Our Retainer Package
We are here to support you every step of the way with our exclusive retainer package, designed to help you stay on top of regulatory changes with minimal disruption to your business. When you partner with us, you’re not only securing reliable, personalised guidance but also ensuring you’re fully prepared for the impacts of these new laws.
With our team by your side, you’ll receive:
- Tailored advice specific to your industry and unique business needs
- Proactive guidance on policy updates, from employment contracts to workplace practices
- Support in rolling out necessary changes across your workforce, including communication plans and training strategies
We are committed to helping you stay compliant and confident in the face of regulatory shifts. Don’t let the complexity of these changes impact your business—reach out today to discover how our retainer package can keep you compliant, protected, and ready for the future.
