Government proposes wider changes to sexual harassment laws

The UK Government is moving towards significant changes in workplace sexual harassment legislation, according to employment law specialists at GQ Littler. Effective October 26, new requirements will compel employers to publish annual action plans detailing their efforts to prevent sexual harassment. Failure to comply could result in businesses being “named and shamed” if they do not meet the outlined obligations.

Starting on October 26, the Worker Protection Act 2023 mandates that employers conduct risk assessments aimed at preventing sexual harassment for the first time. The Government's recent impact assessment on the Employment Rights Bill suggests that companies with over 250 employees must produce and publish these annual plans.

Natasha Adom (pictured), Partner at GQ Littler, emphasises that while there is no one-size-fits-all solution, effective measures may include displaying visible anti-harassment signs, implementing zero-tolerance clauses in client contracts, and providing reminders before staff social events. Although there is no legal obligation to conduct risk assessments, Adom warns that companies that neglect this duty may face legal repercussions and increased scrutiny.

Adom advises employers to prepare by auditing their current practices and considering future risk assessments. “It’s essential to remember that risk assessments are not static. Employers should periodically review their policies, especially following any incidents of harassment,” she states.

Additionally, the Government plans to introduce even stricter obligations under the new Employment Rights Bill. This includes reintroducing liability for harassment by third parties and making it mandatory for larger employers to publish their sexual harassment action plans.

Non-compliance could lead to serious reputational damage, as tackling sexual harassment has become a priority for the Equality and Human Rights Commission, which has recently enforced action against major employers. Adom concludes, “Employers who take proactive steps now will be better positioned to adapt to these changes as they come in.”