Navigating the New Sexual Harassment Employment Law

Starting in October 2024, Labour’s Employment Laws will bring significant changes that every business owner must be prepared for.

This includes protection against sexual harassment in the workplace. Increasing the duty of employers to take measures to prevent and address it.

37% of women and 22% of men reported experiencing some form of sexual harassment at work this year.

It’s devastating for those who experience it. As an employer, you should be able to handle it in a way that is aligned with the law to do what’s best for your employees.

What’s at stake?

Tribunals have the power to increase compensation by up to 25% if an employer is found to have breached their duty to prevent harassment.

Here’s everything you need to know.

How do we define sexual harassment?

Sexual harassment can take many forms. It’s defined as any unwelcome sexual advance, request for sexual favours, or other conduct of a sexual nature that makes someone feel offended, humiliated or intimidated.

Some common examples:

• Unwanted physical contact
• Sexual jokes, anecdotes or leering
• Unwelcome comments about someone’s physical appearance
• Excessive flirting or unwelcome compliments of a sexual nature
• Intrusive questions about an employee’s private life, such as sexuality
• Obscene communications, including inappropriate emails and messages

Mutual attraction or respectful behaviour is not classified as harassment. However, anything unwanted of a sexual nature crosses the line.

The corporate consequences of sexual harassment

Facing a sexual harassment claim can lead to countless issues. Not only could it result in hefty fines and significant compensation payouts, but it can also severely damage your reputation. Attracting and retaining talent becomes a challenge, leaving you struggling to replace the staff that left.

When employees no longer feel safe, they might leave, increasing turnover and morale plummets. This impacts productivity, making it harder to maintain daily operations.

Beyond that, partners, customers and stakeholders may lose faith in your organisation. Eroding valuable relationships and customer loyalty. If the situation escalates, you could face the grim reality of a complete loss of business.

Steps to prevention

Prevention is essential for creating a safe and respectful workplace. 

When you clearly communicate a zero-tolerance policy for sexual harassment, it encourages everyone to think twice about their actions. This approach can save victims emotional distress and spare you a mountain of paperwork down the line. 

Here’s some prevention steps you can incorporate: 

1. Education and training 

The first step is to educate your team. Ensure that every employee understands what constitutes sexual harassment and how to address it. Provide regular, comprehensive training for all staff members so they can identify harassment and know the correct procedures for reporting it.  

2. Leadership training 

Equip managers with tools to prevent, recognise and respond to harassment incidents correctly. They should be able to handle complaints with professionalism and ensure the company remains compliant with new regulations. 

3. Clear policies 

Implement a robust sexual harassment policy that’s accessible to everyone in the organisation. This policy should clearly define what constitutes harassment, outline the steps for reporting it and detail the consequences for those found guilty of misconduct. 

Ensure that the policy covers harassment not just from colleagues but also from third parties, including customers and contractors.   

4. Encourage open communication 

Employees must feel confident that they can report any incidents without fear of judgement or retaliation. Offer the option of anonymous reporting and foster an environment where staff can openly discuss concerns with management or HR without hesitation. 

It’s advisable that you have a third party, such as Tercus HR, who is equipped and qualified to deliver or help you incorporate these prevention methods.  

Support from Tercus HR 

Sexual harassment is never something to be taken lightly. Navigating the new Employment Laws can be intimidating, especially for SMEs. By getting the right processes in place, you can protect yourself, your employees and your business. 

With over 25 years of HR experience, Tercus HR is here to provide comprehensive support in dealing with sexual harassment allegations. It’s critical to handle them promptly and with care.  

We’ll tailor our support to your business, ensuring that you meet government guidelines. We can implement policies, procedures and provide training to make sure you’re up to scratch and don’t have to worry about things going wrong on your end. 

Get in touch today.