The issue of sexual harassment in the workplace has gained significant attention in recent years. According to a survey conducted by the Trades Union Congress (TUC), 52% of women and 63% of LGBT workers have experienced sexual harassment at work ...
Employers should familiarise themselves with the EHRC's updated guidance and take proactive steps to prevent sexual harassment!
In response to this alarming statistic, the UK government has introduced a new duty for employers to prevent sexual harassment in the workplace. The Equality and Human Rights Commission (EHRC) has released updated technical guidance to help employers understand and comply with this duty.
"The new duty will come into force on 26 October 2024!"
It requires all employers to take reasonable steps to prevent sexual harassment from occurring in the workplace. This includes not only preventing harassment by employees, but also by third parties such as self-employed contractors, clients, and customers.
The EHRC's updated guidance clarifies that the duty covers all forms of unwanted conduct of a sexual nature that violate a person's dignity or create an intimidating, hostile, or offensive environment.
So, what steps can employers take to comply with this new duty? The EHRC's draft guidance suggests several measures that employers can implement:
Firstly, having a sexual harassment policy in place is crucial. This policy should clearly state the company's zero-tolerance approach towards sexual harassment and outline the steps that will be taken if an incident occurs. It should also be regularly reviewed and communicated to all employees.
Secondly, training all staff on sexual harassment and unacceptable behaviour in the workplace is essential. This should include information on what constitutes sexual harassment, how to recognise it, and how to report it. Employers should also create a culture of transparency where employees feel comfortable speaking up and raising concerns without fear of retaliation.
Another important step is to assess the risk of sexual harassment in the workplace. This could involve conducting surveys or focus groups to gather feedback from employees and identify any potential areas of concern. Employers should also have a clear procedure in place for reporting and handling incidents of sexual harassment. This should include confidentiality measures and support for victims.
It is important for employers to note that the duty to prevent sexual harassment extends beyond the workplace. This means that employers should also take steps to prevent harassment at work-related events, such as conferences or social gatherings.
Failure to comply with the new duty could result in enforcement action by the EHRC. This could include fines and other penalties. Additionally, employers may face claims of sexual harassment in the employment tribunal, where the tribunal will consider if the employer took reasonable steps to prevent the harassment.
"The new sexual harassment duty for UK employers is a crucial step towards creating a safe and respectful workplace for all!"
Employers should familiarise themselves with the EHRC's updated guidance and take proactive steps to prevent sexual harassment. By implementing a strong sexual harassment policy, providing training, and creating a culture of transparency, employers can help create a workplace free from sexual harassment.
And that can only be a good thing for everyone.
Until next time ...
ROGER EDDOWES Business Godparent
Would you like to know more?
If anything I've written in this blog post resonates with you and you'd like to discover more about the EHRC's updated guidance on sexual harassment, it may be a great idea to call me on 01908 774320 and let's see how I can help.
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Roger trained at Edward Thomas Peirson & Sons in Market Harborough before working at Hartwell & Co, followed by Chancery, as a partner. He started Essendon Accounts and Tax with Helen Beaumont in 2014 as a general practitioner with a hands-on approach.
Roger loves getting his hands dirty, working with emerging, small-to-medium and family businesses to ensure they receive the best possible accountancy advice. Roger utilises an extensive network of business contacts to leverage the best guidance and practical solutions.
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