The UK’s Employee Safety Act 2023 launched a sequence of great modifications for employers on the difficulty of sexual harassment. Nonetheless this regulation was a weakened type, considerably amended down throughout its journey via the earlier Parliament. One among Labour’s commitments in the course of the 2024 normal election was an expanded set of rights for employees, together with higher protections from harassment, together with sexual harassment.
The Employment Rights Invoice, at the moment going via Parliament, picks up the place the Employee Safety Act stopped and introduces a wide selection of recent necessities for employers to concentrate on. Particularly, guidelines round sexual harassment are increasing, and would require renewed consideration from employers.
What are the important thing legislative modifications in sexual harassment?
Sexual harassment legal guidelines within the UK are increasing. The Employee Safety Act 2023 will primarily be outdated by the Employment Rights Invoice, anticipated to come back into power in 2026.
Employee Safety Act 2023
Efficient from 26 October 2024, The Employee Safety (Modification of Equality Act 2010) Act 2023 launched a proactive obligation for employers to take “affordable steps” to stop sexual harassment within the office. This anticipatory obligation requires employers to evaluate dangers and implement measures to stop harassment earlier than it happens, together with from third events reminiscent of purchasers or prospects. Failure to conform may end up in enforcement actions by the Equality and Human Rights Fee (EHRC) and elevated compensation awards in employment tribunals.
Employment Rights Invoice
Launched on 10 October 2024, the Employment Rights Invoice seeks to strengthen the present framework by requiring employers to take “all affordable steps” to stop sexual harassment, elevating the usual from the earlier “affordable steps”. The Invoice additionally proposes:
Legal responsibility for third-party harassment: Employers could be held accountable for harassment perpetrated by third events in the event that they fail to take all affordable steps to stop it.
Protected disclosures: Disclosures associated to sexual harassment could be labeled as “protected disclosures,” safeguarding workers from retaliation and rendering non-disclosure agreements unenforceable in such contexts.
Honest Work Company: Institution of a brand new regulatory physique with powers to research and implement compliance with employment legal guidelines.
The Invoice is at the moment going via Parliament, with most provisions anticipated to come back into power by 2026 .
What do “all affordable steps” to stop sexual harassment imply?
The time period “all affordable steps” that employers must take requires a complete and proactive strategy to stopping sexual harassment. Your organisation might want to conduct an evaluation to grasp what the dangers of sexual harassment in your office are, record the steps that would stop or mitigate these dangers, after which implement all that are affordable. For instance safety cameras, indicators and posters, and coaching for all workers. Employers will possible be required to:
Conduct danger assessments: Determine potential harassment dangers throughout the organisation, together with interactions with third events.
Implement strong insurance policies: Develop clear anti-harassment insurance policies (together with a stand alone sexual harassment coverage) outlining unacceptable behaviours and reporting procedures.
Present ongoing coaching: Supply common coaching classes for all workers, emphasising the significance of a respectful office tradition and exploring the difficulty of sexual harassment.
Set up reporting mechanisms: Create accessible channels for reporting harassment, guaranteeing confidentiality and safety in opposition to retaliation.
Monitor and evaluation: Recurrently assess the effectiveness of insurance policies and procedures, making mandatory changes to handle rising dangers.
Comparative evaluation: Employee Safety Act vs. Employment Rights Invoice
| Side | Employee Safety Act 2023 | Employment Rights Invoice |
| Preventative Responsibility | Affordable steps | All affordable steps |
| Third-Social gathering Harassment | Not explicitly lined | Explicitly included |
| Protected Disclosures | Not addressed | Recognised and safeguarded |
| Regulatory Physique | EHRC enforcement | Institution of Honest Work Company |
| Implementation Timeline | In power from 26 Oct 2024 | Anticipated by 2026 |
How ought to organisations put together to stop sexual harassment?
To adjust to the provisions of the Employee Safety Act 2023 and put together for the forthcoming Employment Rights Act, organisations ought to take the next steps:
Conduct danger assessments
- Proactively assess the chance of sexual harassment within the office, figuring out areas of concern and high-risk environments.
- Deal with figuring out conditions that may expose workers to harassment from each inner and exterior sources, reminiscent of purchasers or third events.
Implement anti-harassment insurance policies
- Develop or replace insurance policies to obviously outline what constitutes sexual harassment and supply a course of for workers to report it.
- Be sure that these insurance policies embrace protections from third-party harassment, as this shall be a authorized requirement underneath the forthcoming Employment Rights Act.
Mandated coaching
- Present common and complete coaching for workers and administration on sexual harassment, specializing in prevention, reporting mechanisms, and correct responses.
- Incorporate coaching that addresses harassment from third events, aligning with the forthcoming Employment Rights Act’s necessities.
Set up clear reporting mechanisms
- Be sure that workers know find out how to report harassment confidentially, and create clear channels for complaints, together with choices for nameless reporting.
- Put together for brand spanking new guidelines round protected disclosures by permitting open dialogue of harassment instances with out concern of retaliation or enforcement of non-disclosure agreements.
Begin fascinated with “all affordable steps”
- Below the upcoming Employment Rights Act, the usual will shift to “all affordable steps” to stop sexual harassment. Organisations ought to:
- Recurrently evaluation their procedures and adapt them to new rules.
- Take motion every time harassment is reported, demonstrating an lively effort to handle points.
Revise non-disclosure agreements
- Evaluate and revise any present non-disclosure agreements to make sure they don’t stop workers from discussing sexual harassment claims.
- Put together for the longer term voiding of non-disclosure agreements associated to harassment disclosures, which shall be launched by the Employment Rights Act.
Monitor third-party interactions
- Start taking proactive steps to stop harassment by third events, reminiscent of purchasers, contractors, or the general public. Implement protocols that minimise danger in these interactions, which can grow to be a authorized obligation underneath the Employment Rights Act.
Put together for tribunal modifications
- Perceive that sexual harassment disclosures shall be handled as “protected disclosures,” and put together for modifications in employment tribunal rights, together with protections in opposition to dismissal for reporting harassment.
Have interaction with consultations
- Keep knowledgeable of presidency consultations in 2025 on find out how to meet the statutory necessities, together with particular steering on what constitutes “all affordable steps.”
Anticipate extra regulatory oversight
- Put together for the institution of the Honest Work Company, which could have powers to research and wonderful employers who fail to adjust to the regulation. Common audits and compliance checks can mitigate the chance of fines or investigations.
