6th December 2024 | Emma O’Meara | Employment, Worker Protection, Sexual Harrasment

As of October 2024, employers across the UK are now required to comply with enhanced obligations under the Worker Protection (Amendment of the Equality Act 2010) Act 2023. This landmark legislation imposes a proactive duty on employers to take all reasonable steps to prevent sexual harassment in the workplace, extending to interactions with third parties such as customers, clients, and suppliers.

The festive season is fast approaching, bringing with it workplace parties, social gatherings, and increased customer interactions. While this time of year offers opportunities for celebration, it also heightens the risk of incidents that could lead to complaints of inappropriate behaviour. Employers must remain vigilant to ensure that they meet their new legal obligations during this busy period.

Key Features of the New Legislation

Employers are now required to:

  1. Implement and enforce clear anti-harassment policies that explicitly cover interactions with third parties.
  2. Provide regular training to all employees, including those in customer-facing roles, to ensure they understand the standards of behaviour expected in the workplace.
  3. Take swift and appropriate action when incidents of harassment are reported, regardless of the perpetrator’s relationship to the company.

Failure to comply with these obligations can lead to claims at employment tribunals and enforcement action by the Equality and Human Rights Commission (EHRC), with compensation potentially increased by 25% for non-compliance.

EHRC Guidance and Seasonal Considerations

The EHRC guidance provides a framework for compliance, emphasising risk assessments, clear reporting mechanisms, and support for victims. During the festive period, employers should pay particular attention to:

  • Workplace Events: Ensure that all staff are aware of the expected standards of behaviour at holiday parties and similar gatherings.
  • Customer-Facing Roles: Provide additional guidance and support to employees in customer-facing positions, as interactions may increase during the holiday shopping rush.
  • Alcohol-Related Incidents: Be prepared to address behaviour that may arise from the consumption of alcohol at workplace events.

Practical Steps for Employers During the Festive Season

Employers can take the following actions to mitigate risks and foster a respectful environment during the holidays:

  1. Review Policies: Update anti-harassment policies to explicitly cover workplace events and third-party interactions. Share these policies with staff before the holiday season.
  2. Deliver Targeted Training: Provide refresher training focused on maintaining professional behaviour at work events and when interacting with customers, clients, or suppliers.
  3. Set Boundaries for Social Events: Clearly communicate the code of conduct for workplace gatherings and ensure that managers are equipped to intervene if issues arise.
  4. Enhance Reporting Procedures: Remind employees of the available channels for reporting harassment and ensure they feel confident that reports will be handled sensitively and effectively.
  5. Monitor and Act Promptly: Keep a watchful eye on workplace dynamics during the festive season. Take immediate action if any incidents are reported, demonstrating a commitment to a safe and respectful workplace.
  6. Engage with Third Parties: Where possible, remind clients and suppliers of your anti-harassment standards and include relevant clauses in contracts to reinforce these expectations.

Creating a Safe and Festive Environment

By taking these steps, employers can ensure the holiday season remains a time of celebration rather than one of risk. The new legal framework is an opportunity to reinforce a culture of respect and safety in the workplace, demonstrating that your organisation is not only compliant but also proactive in addressing issues.

If you need assistance in implementing these measures or understanding the implications of the new rules, contact the Sherrards employment law team for tailored advice.

To read the Worker Protection (Amendment of Equality Act 2010) 2023, click here. 

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