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.