On 26 October 2024, significant legal changes came into effect in the form of the Worker Protection (Amendment of Equality Act 2010) Act 2023. This set new standards and expectations around sexual harassment in the workplace. As dedicated advocates for businesses, Thrive Law is here to help you to be proactive in navigating these crucial updates.
Under the preventative duty, employers are expected to assess the specific risks of sexual harassment within their organisation and take proactive steps to mitigate them. This includes regularly reviewing workplace culture, policies and reporting mechanisms, as well as delivering effective, tailored training that empowers employees to speak up and equips leaders to respond appropriately.
The Equality and Human Rights Commission (EHRC) now has powers to enforce compliance, including investigating, issuing action notices and seeking court orders where employers fall short. In addition, where a harassment claim succeeds, tribunals can increase compensation by up to 25% if the employer has failed to take reasonable preventative steps.
While we’ve yet to see a tribunal ruling directly applying this new duty, scrutiny from regulators and employees has intensified. Prevention is no longer a “nice to have”; it’s both a legal and cultural imperative.
Do you have an up to date anti bullying and harassment policy?
Do you have an adequate reporting procedure?
Do your employees interact with members of the public / suppliers / customers as part of their role?
Are your managers sufficiently equipped to deal with any reports of sexual harassment?
Do your current risk assessments need updating?
How does this link with your current policies, practises and training in the business?
By addressing these changes proactively, you not only reduce legal risks, but also reaffirm your commitment to workplace integrity and inclusivity. At Thrive Law we have developed a programme of support for employers to ensure compliance with this new obligation, which can be tailored to the needs of your business.
Our team of specialist employment lawyers and trainers can develop interactive, role-specific training, bespoke to your organisation, to help you:
Our sessions are practical, engaging and legally robust; combining Thrive’s employment law expertise with our wellbeing-first approach to people and culture.
If you have not yet carried out your sexual harassment risk assessment, or would like assistance with refreshing this or discussing your preventative duty training, we can help.
Our “Train the Trainer” programme equips experienced managers and leaders with the skills, confidence and legal insight needed to deliver compelling, inclusive training across your organisation. Guided by our expert employment law solicitors who are passionate about mental health, ED&I and neurodiversity.
Founder & Managing Partner
Partner
Senior Associate Solicitor
Senior Associate Solicitor
Associate Solicitor
By Jodie Hill This month marked the first anniversary of the positive legal duty on employers to take “reasonable steps” to prevent sexual harassment in the workplace. As someone who works at the intersection of employment law, mental health, neuro-inclusion and...
The recent revisions to sexual harassment provisions mark a significant shift in workplace legislation, aiming to create safer and more inclusive environments for all employees. These changes reflect a broader commitment to fostering Equality, Diversity &...
You can also explore our FAQ guide on key employer obligations under the Worker Protection Act 2023 for a safer workplace: Check it out here: https:// www.thrivelaw.co.uk/understanding-the-workerprotection-act-2023-key-questions-answered/
