In the latest Macfarlanes HR podcast, Matthew Ramsey and Amy Daubeney discuss new legislative developments concerning sexual harassment in the workplace. Amy highlights the current legal gap where employees have no obvious recourse if harassed by third parties. Proposed changes by the Sunak government aimed to make employers liable for such harassment if they fail to take reasonable steps to prevent it, though this was watered down to a more general duty for employers to prevent sexual harassment.

The conversation moves on to the Equality and Human Rights Commission (EHRC) releasing draft guidance to help employers understand and apply this new duty, set to come into force in October 2024. What amounts to reasonable steps to prevent sexual harassment will vary from organisation to organisation, but employers will need to start thinking now about their own businesses. Most are likely to want to understand their potential areas of risk through risk assessments, which will then help them design and implement clear zero-tolerance policies and regular staff training programmes. The guidance also suggests specific measures like public notices and internal communications to ensure all employees and third parties are made aware of the organisation’s stance on harassment.

Employers who fail to comply could face significant penalties, including an uplift of compensation awards by up to 25% in successful sexual harassment claims. Additionally, the EHRC can take enforcement action, as a number of household names have experienced. To avoid such repercussions, employers are encouraged to start preparing now by mapping interactions, drafting policies, and ensuring these are effectively communicated both internally and externally.