Tackling Harassment in the Workplace

As highlighted in our November 2024 Boardsheet, we have recently seen significant changes introduced by the Government in relation to tackling sexual harassment at work, with a new duty on employers to take reasonable steps to protect employees from sexual harassment (with effect from 26 October 2024). In 2025, the Health and Safety at Work Act 1974 (Amendment) Bill, could further extend protection for employees against sexual harassment, with specific obligations for employers to address violence and harassment (particularly sexual harassment), in the workplace.

Whilst this is a Private Members’ Bill (so it may never become law), the proposals reinforce the emphasis which has been placed on harassment in the work environment, and align with the Worker Protection (Amendment of Equality Act 2010) Act 2023. If this Bill is passed, we could see criminal liability for employers, enforcement action being conducted by the Health and Safety Executive, and unlimited fines.

Key Proposed Changes

• Risk Assessments: employers will be required to include violence and harassment, including sexual harassment, as part of their workplace risk assessments.
  
• Prevention Policies: organisations must implement and regularly review policies aimed at preventing and dealing with harassment, ensuring these are actively communicated to all employees.
  
• Training Requirements: employers will need to provide training to staff and management to identify and address harassment effectively.
  
• Reporting Mechanisms: it is important for employers to establish clear and confidential reporting systems to ensure employees feel safe disclosing incidents.

Practical Steps for Employers

By addressing these issues proactively, employers can:

• protect employees from harm and create a positive working environment;
• reduce absenteeism and staff turnover related to harassment; and
• strengthen organisational culture and reputation.

Action Points

• Review Current Policies: this is a good opportunity to check wording of existing health and safety policies, as well as policies relating to harassment and bullying;
• Audit Workplace Culture: conduct anonymous surveys to identify potential issues;
• Training and Awareness: roll out comprehensive training programs tailored to the needs of your workforce;
• Monitor and Improve: regularly review the effectiveness of prevention measures and make adjustments as needed.

The Bill is a reminder to employers that they should look to audit and review workplace safety with a view to enhancing and supporting employee wellbeing, in accordance with the Worker Protection (Amendment of Equality Act 2010) Act 2023.

Final Note: These updates highlight the evolving responsibilities of employers in fostering safe, inclusive, and equitable workplaces. For tailored advice or support in implementing these changes, please contact our Boardside Law team.