There’s even more to get excited about this Saturday than an hour’s less daylight in the afternoon! From this Saturday, 26 October, employers must take reasonable steps to prevent sexual harassment in the course of employment.
Note that this new duty only applies to sexual harassment and not to all types of harassment.
Employers who fail to comply with the new duty risk being ordered by tribunals to pay up to 25% more compensation to sexually harassed staff.
The Equality and Human Rights Commission can also investigate employers who do not comply with the new duty and take enforcement action if appropriate.
So, what must employers actually do to comply with the new duty?
First, update anti-harassment and associated policies.
Secondly, carry out a risk assessment, paying attention to the following factors cited as risk factors by the EHCR:
- power imbalances
- job insecurity, for example, use of zero hours contracts, agency staff or contractors
- lone working and night working
- out of hours working
- the presence of alcohol
- customer-facing duties
- particular events that raise tensions locally or nationally
- lack of diversity in the workforce, especially at a senior level
- workers being placed on secondment
- travel to different work locations
- working from home
- attendance at events outside of the usual working environment, for example, training, conferences or work-related social events
- socialising outside work
- social media contact between workers
- the workforce demographic, for example, the risk of sexual harassment may be higher in a predominantly male workforce.
Third, consider the steps you need to take to reduce the risks of sexual harassment.
Finally, implement identified steps to protect staff – including providing training.
If you have any further questions or require assistance, please feel free to contact us at Harmony HR Solutions.
We are here to help.
