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Pod 6, The Engine Rooms, Station Road
Chepstow
Monmouthshire

01633 730907

For more than 10 years we have provided companies of all sizes and in a variety of sectors with uncomplicated, innovative and affordable human resources advice and on-site support ensuring that your people are an asset to your company and not a liability.

News

With the National Minimum Wage (NMW) now almost fifteen years old, and with another increase pending on 1st April 2017 HMRC have issued a list of the most elaborate excuses they've been given by employers for not paying the appropriate rates:

Employers Obligation to Prevent Sexual Harassment

Alan Kitto

The law on sexual harassment in the workplace has been updated as of 26th October 2024, introducing several key changes and additional obligations for employers in the UK. The primary legislation governing these changes is the Equality Act 2010 (Amendment).

Key changes include:

Extended Liability for Third-Party Harassment:

Employers are now liable for harassment by third parties (e.g., clients, customers, contractors) towards their employees. Previously, employers were only held accountable after multiple incidents were reported, but under the new rules, they can be held liable after a single incident, if reasonable steps to prevent harassment weren’t taken.

Positive Duty to Prevent Sexual Harassment:

A significant change is the introduction of a proactive duty on employers to take all reasonable steps to prevent sexual harassment. This requires employers to go beyond reacting to incidents and instead actively foster a harassment-free environment. Measures can include training, clear anti-harassment policies, and effective reporting mechanisms.

Failure to comply with this duty can result in fines and reputational damage, and the risk of claims being brought against the employer.

Higher Potential Compensation:

There is a potential for increased compensation awards in cases where employers have not met their preventative obligations, particularly where an environment of harassment is shown to have persisted due to neglect of these duties.

Statutory Code of Practice:

The Equality and Human Rights Commission (EHRC) is expected to update its statutory code of practice, outlining best practices for compliance. While the code is not legally binding, it will likely serve as a critical reference point in tribunal cases involving sexual harassment claims.

In preparation for these changes, we advise:

  • Proactive Risk Assessment: Employers must regularly assess and mitigate risks of sexual harassment within their organisation.

  • Training and Awareness: They should provide comprehensive and regular training for all staff (including managers and third-party partners) on identifying and preventing sexual harassment.

  • Clear Reporting and Response Mechanisms: Employers need to ensure clear and accessible reporting procedures are in place, ensuring that complaints are dealt with promptly and appropriately.

In summary, employers are now expected to take a much more active role in preventing sexual harassment, with increased legal responsibilities and potential liabilities if they fail to do so. It’s recommended that businesses update their policies, conduct thorough training, and adopt a culture of zero tolerance toward harassment

We have developed a training session on discrimination and can provide all of the recommended policies and supporting documentation, for more information, please get in touch.