Employers should be aware of new sexual harassment rules, warn HR experts

Employers are being urged to take note of new rules around sexual harassment in the workplace.

Experts at Swindon-based HR Dept say the Worker Protection Act, which comes into force in October, places the onus on employers taking steps to prevent sexual harassment.

This is a change from previously, when the emphasis was on redress, rather than prevention.

The aim of the Act is to increase protection against sexual harassment in the workplace. Employers will need to comply with their new duty to ensure they are taking “reasonable steps” to prevent sexual harassment of their employees.

“While most employers have policies in place regarding harassment, this will no longer be sufficient to meet the new obligations,” said Helen Imbusi, HR Consultant at the HR Dept Swindon, North Wiltshire, and East Cotswolds. “We recommend employers take steps now to ensure they are compliant.”

The HR Dept’s recommendations include reviewing current policies and procedures to ensure they are robust and easy to follow; and providing training, so managers understand how to identify and deal with sexual harassment, and employees understand what constitutes sexual harassment and how to report any incidents.

Helen added: “If a complaint is made, managers need to investigate and take appropriate action. We would also recommend the culture of a business is looked at, to identify any areas that could be improved.”

Employees will not be able to make a claim solely under the new Act, but if there is an existing claim, any additional breach under the Act will be an aggravating factor.

Should an employer be found to be in breach of the Act, employment tribunals will be able to increase compensation to the employee by up to 25%.

Where there are multiple forms of harassment claimed, the uplift will apply to all compensation awarded for the claim, not just the sexual harassment element.

Helen added: “Clearly, it is important to put measures in place to prevent sexual harassment taking place. Where it does, and a successful claim is made, then this could be very costly to the employer.”

For advice about dealing with the Worker Protection Act and more information about the HR Dept Swindon, North Wiltshire and East Cotswolds, visit https://www.hrdept.co.uk/swindon-north-wiltshire-east-cotswolds/, email [email protected] or call 01793 683 398.