New workplace sexual harassment law in the UK

The Worker Protection Act 2023 is due to come into force in the UK in October 2024. The Act amends the Equality Act 2010 (EQA) by introducing a duty on employers to take “reasonable steps” to prevent the sexual harassment of their employees. The Act also gives employment tribunals the power to increase sexual harassment compensation by up to 25% where an employer is found to have breached their duty to prevent sexual harassment. The intention is that this increased responsibility will send a strong message to employers that they must take action to prioritise prevention of sexual harassment, and ultimately improve workplace practices and cultures.

What is sexual harassment

Sexual harassment can be a one-time incident or an ongoing pattern of unwanted behaviour of a sexual nature. The EQA protects the following people against sexual harassment at work:

Employees and workers;Contractors and self-employed people; and Job applicants.

To be sexual harassment, the unwanted behaviour must either violate someone's dignity, whether it is intended or not, or create an intimidating, hostile, humiliating or offensive environment for them, whether it is intended or not. 

Sexual harassment can happen in person or online via email, social media or messaging tools. It is the employer's responsibility to eradicate any negative culture which enables sexual harassment in the workplace. Staff members should be made aware of how to bring a complaint which should be reviewed by staff specifically trained in dealing with sexual harassment complaints. Employers should treat all complaints of sexual harassment very seriously and should conduct investigations in a fair, sensitive and unbiased manner to the complainant, the accused, and any witnesses.

Reducing the risk

It is crucial that this act does not fall under the radar. Employers are encouraged to annually monitor and review their internal policies and procedures. Once policies are updated, employers should ensure they are actively promoted and communicated to all staff via email, induction packs, newsletters, etc.

Additional and regular training should be provided to all staff members so they understand how the policies affect them, and how the procedures can be put into practice. Employers should also provide additional training to managers on how to prevent sexual harassment in the workplace. At a minimum, training and policies should cover the points highlighted by the Advisory, Conciliation and Arbitration Service (ACAS) in its guidance for employers on preventing sexual harassment.

Feedback should be obtained following training sessions, and incorporated going forward. An anonymised online service can also be provided to staff members choosing to make complaints. Both listening to feedback and providing a safe space will ensure staff members feel supported and listened to.

A new statutory code of practice on workplace harassment is due to be published by the Equality and Human Rights Commission. We recommend that employers take into account any new guidance as a result of the Act.

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Harmajinder Hayre is a National Head of Employment Department at Ward Hadaway.