ZERO TOLERANCE: Kate Brooks, partner and head of employment at Ellis Jones Solicitors, says that employers need to be ready for new duties to prevent sexual harassment in the workplace
A new duty to prevent sexual harassment in the workplace is coming into force on October 26, a regional law firm has advised.
Ellis Jones Solicitors, with offices in Dorset, Hampshire and London, is urging employers to be proactive and take a ‘zero tolerance’ approach to meet the Worker Protection (Amendment of Equality Act) Act 2023.
This includes putting an anti-harassment policy in place, holding robust training sessions on a regular basis, actively monitoring the workplace and having a reporting procedure in place.
Under the Equality Act 2010, employees are protected against sexual harassment at work – when they are subjected to unwanted behaviour of a sexual nature which either violates their dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment.
This could include sexual jokes or comments, staring, touching someone without their consent and sharing sexual images.
Ellis Jones, which is a champion of diversity, equality and inclusion, says that the recent Me Too movement and allegations involving the late Harrods owner Mohamed Al Fayed demonstrate that a new law to stop harassment before it happens is clearly needed.
Legal 500 rated Kate Brooks, a partner and head of employment at Ellis Jones, said: “Anti-sexual harassment policies traditionally have been reactive, focusing on wrongdoing after the unwanted act has occurred.
“Now employers are required to take proactive measures to prevent sexual harassment from occurring in the first place.
“It is critical that employers take practical steps to comply with the new requirements, including robust training and awareness raising for managers and all staff.
“We can support employers with compliance and training as this law means that, quite rightly, sexual harassment in the workplace is non-negotiable.
“It is part of a broader culture shift represented by the Me Too movement and recognition that it is part of a broader systemic issue.
“The recent allegations involving Mohammed al-Fayed and other high profile cases show that this problems still exists.
“It’s time for employers to take responsibility for the safety of their staff and adopt a zero-tolerance approach when it comes to sexual harassment.”
Failure to take reasonable steps to prevent sexual harassment may lead to claims in the employment tribunal.
If an individual succeeds in a claim for sexual harassment and the preventative duty has been breached, an employment tribunal can increase the employee’s financial compensation by up to 25%.
Ellis Jones runs a monthly, free HR forum in conjunction with Rubicon People to provide updates about changes to employment law and HR.
The next is on 20 November from 11am to 12noon. Email employment@ellisjones.co.uk to sign up or click here for more information.
ENDS
