Employment Law Change – Preventative Duty – Sexual Harassment in the Workplace

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All UK Employers will be under a new duty to take reasonable steps to prevent sexual harassment of workers in the course of their employment from 26 October 2024. This new duty is contained in the Worker Protection (Amendment of Equality Act 2010) Act 2023.  There are no exemptions.

Context:

3 in 5 women say they have experienced sexual harassment, bullying or verbal abuse at work – rising to almost 2 in 3 women aged 25 to 34 (CIPD)

One in three women report not telling their employer about what was they experienced (CIPD)

There is no cap on sexual harassment compensation awarded by an employment tribunal

Definition:

When a person is subjected to unwanted conduct of a sexual nature which has the purpose or effect of either violating their dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment

When a person is treated less favourably because they submitted to, or rejected, that unwanted conduct

It includes worker-on-worker harassment, harassment by third parties, and harassment by agents acting on behalf of the employer

The Legal Position:

Employers are vicariously liable for the actions of their employees unless they take reasonable steps to prevent harassment

Employers need to show that you have taken those reasonable steps when you are defending a claim at a tribunal

Employees can complain to the equality authorities that you are not taking reasonable steps to prevent sexual harassment even when no allegations have been made

Employers must take proactive preventative action in respect of your workers and third parties

Compensation at employment tribunal can be increased by up to 25% for failure to undertake this duty

Action required:

The Equalities and Human Rights Commission (EHRC) will have overview of UK employer and they advise the following steps:

Step 1: develop an effective anti-harassment policy –  e.g. specify who is protected, state that sexual harassment will not be tolerated and is unlawful, state that the law requires employers to take reasonable steps to prevent sexual harassment of their workers

Step 2: engage your staff

Step 3: assess and take steps to reduce risk in your workplace – decide what steps are reasonable to take

Step 4: have a reporting process – incident log

Step 5: provide training bespoke to your workplace – training log

Step 6: know what to do if a harassment complaint is made

Step 7: dealing with harassment by third parties

Step 8: monitor and evaluate your actions

Summary:

  • With the law on sexual harassment changing, you need to make sure you are ready for the new duty
  • This process can begin now, by reviewing and updating what’s already in place
  • A risk assessment of sexual harassment in the workplace should be carried out to identify what steps need to be taken
  • The new Labour Government plans further changes to the law on employment under its manifesto pledge to ‘Make Work Pay’. An announcement is expected by the end of October and LGRC will bring you a summary of the legislative changes and implications for employers in the local council sector as soon as the plans are known.

Further information: What sexual harassment is – Sexual harassment – Acas

Sexual harassment and harassment at work: technical guidance | EHRC (equalityhumanrights.com)

 

Bethan Osborne, MA MCIPD
LGRC Partner and HR Consultant  03 October 2024

LGRC Building on Recruitment Success in 2024

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Are you looking for top quality candidates for your vacant Town Clerk position?  Struggling to know where to start?  LGRC is recognised as the most effective specialist recruitment service for town and parish councils in the UK.  Over the past year, the Company has recruited top quality candidates for councils up and down the country.  In 2023, our Vice Chair Steve Milton recruited excellent new clerks for Looe, Amesbury and Spennymoor Town Councils.
Mayor of Amesbury, Monica Devendran said of Steve and LGRC:
“Steve Milton has displayed exceptional skills and professionalism in his dual roles as a Locum town clerk and HR specialist in the recruitment of a new town clerk. His outstanding recruitment process and dedication to finding the right candidate for the position have greatly contributed to the success of the organization.”
“Steve’s recruitment process was thorough and comprehensive. He demonstrated a deep understanding of the requirements and responsibilities of the town clerk role, allowing him to effectively assess the skills and qualifications of potential candidates. His meticulous approach ensured that only the most suitable individuals were considered, resulting in a highly qualified pool of applicants.”
“As an experienced local council recruitment specialist, Steve approached the process with a strategic mindset. He utilized a variety of sourcing methods to attract a diverse range of candidates, ensuring equal opportunities for all. His attention to detail in reviewing resumes, conducting interviews, and checking references ensured that every aspect of the recruitment process was carried out meticulously.”
“Steve’s excellent communication skills were instrumental in his success as an HR specialist. He effectively communicated with candidates, providing them with clear information about the position, the organization, and the recruitment process. His prompt and transparent communication style fostered a positive candidate experience and helped to build trust and rapport.”
“Furthermore, Steve’s dedication to finding the right candidate for the town clerk position was evident throughout the recruitment process. He took the time to understand the unique needs and culture of the organization, ensuring that the candidates presented aligned with these requirements. His commitment to quality and his ability to identify the best fit for the role was invaluable in making the final selection.”
“Overall, Steve Milton’s performance as a Locum town clerk and HR specialist in the recruitment of a new town clerk was exceptional. His excellent recruitment process, combined with his strategic approach and effective communication skills, have made a significant impact on the organization. I highly recommend Steve Milton for any future roles that require an individual with outstanding recruitment expertise and as an experienced Clerk.”
If you need help to find the best people, then please consider using a company with a proven track record of success.  Getting it right the first time will save you time and save you money.  Consider LGRC, we are only too happy to help.
Mayor of Amesbury, Cllr Monica Devendran, welcomes
new Clerk SarahTucker to the Town Council.