ANTI-HARASSMENT
PACKAGE.

Proving reasonable steps. Employers must proactively protect their whole workforce, at all levels, from harassment.

All businesses in England and Wales, without exception (Scotland has different laws). Unusually, this law does not depend on the type of business, sector, or any specific size – for example, a certain revenue amount or number of employees – which is why all businesses affected must take ‘reasonable steps’ to protect their employees. Businesses must also provide proof of steps taken, and doing the minimum such as updating written policies may not be enough to support a claim. This is one reason why we are suggesting updating policies supported by video and e-learning (which we believe will also be more engaging), and individual certification as evidence.

Doing nothing is not recommended as it can create a workplace where employees feel unsafe and increases the risk of a sizable claim! The average sex harassment claim in the past year was around £40,000. After 26th October the new law gives judges the power to further increase compensation by an extra 25% on top of an award. This additional amount could apply to any business unable to provide evidence of reasonable steps it has taken to prevent harassment from happening in the workplace.

The timing is due to an increasing number of claims being brought. Research shows that women are more likely to experience harassment in the workplace. Importantly, events organised by a company are also recognised as an extension of the workplace, including Christmas parties. This update to The Worker Protection (Amendment of Equality Act 2010) Act 2023 also includes protecting workers from harassment by third parties such as suppliers.