Sexual Harassment in the Workplace – Preventative Duty

On 26 October 2024, new provisions of the Equality Act 2010 came into effect in GB requiring employers to actively prevent sexual harassment in the workplace - a requirement referred to as the "preventative duty." This duty requires employers to take "all reasonable steps," rather than just "reasonable steps," to prevent sexual harassment. 

Guidance from the Equality and Human Rights Commission (EHRC) suggests that employers should take measures to prevent incidents of harassment by third parties. Employers are encouraged to consider factors such as workplace environment and previous incidents when determining what reasonable steps that should be taken.  The EHRC provides an eight-step guide for compliance, including conducting risk assessments, developing anti-harassment policies, engaging staff for suggestions, establishing reporting systems, providing training, responding to complaints and allegations, managing third-party harassment, and continuously monitoring and evaluating actions to ensure you are doing everything reasonably practicable to prevent sexual harassment in the workplace. Many workplaces already have protocols in place to prevent sexual harassment, but with this new duty all employers should take this opportunity to review and improve their existing provisions. 

AHR Suggestions 

• Conduct new Risk Assessments. 
• Ensure Policies and reporting processes are up to date. 
• Carry out a staff engagement survey to obtain views on what could be improved or introduce a mechanism to receive suggestions on what could be improved in this area from staff.
• Ensure all staff, workers and associates receive up to date training in this area (this should then be done at least annually).
• Ensure reporting systems and complaints handling are fit for purpose.
• Monitor and review the actions taken to prevent sexual harassment and offer a route for staff to provide ongoing suggestions on how to improve this area. 

If you operate in an industry were there have been previous cases of sexual harassment by third parties, you should notify third parties that sexual harassment of any kind will not be tolerated. For example, in restaurants and bars signage could be put in place to advise of this and/ or a statement in this regard could be added to reservation confirmations.