RWK Goodman reveals that 44% of UK employers are unprepared to take reasonable steps to combat workplace sexual harassment
Research by law firm RWK Goodman reveals that 44% of UK employers are unprepared for the new duty to take reasonable steps to combat workplace sexual harassment. On 26 October a new positive duty will apply for all employers to take reasonable steps to prevent sexual harassment of employees in the course of their employment. There is no small employer exemption.
The new regime falls under The Worker Protection (Amendment of Equality Act 2010) Act 2023. Preventative steps will include undertaking bespoke risk assessment audit of dangers for staff (work social events travel, third parties etc), regular training, updating and disseminating policies, investigating complaints, meaningful reporting channels amongst others. This additional preventative duty applies for sexual harassment only.
Businesses therefore have less than a month to prepare for the legislation but a recent survey by law firm RWK Goodman has revealed that 44% of businesses have done nothing. The survey of 221 employers and HR professionals also found that just 8% of respondents had carried out a risk assessment audit while 20% had organised staff training and 8% had carried out a risk assessment audit.
Once the new legislation is in place if an employee succeeds in a sexual harassment claim and the Employment Tribunal determines that the employer has breached its new duty, the tribunal will be able to uplift compensation for sexual harassment by up to 25%. There is no cap to discriminatory harassment compensation awards so this uplift is expected to be a substantial financial penalty. Usually, compensation awards are based on financial losses and also a payment for injury to feelings and may also include personal injury or aggravated damages. For example, the recent high profile case of Tahir v National Grid UK Ltd [2023], in which a trainee was sexually harassed by her supervisor and the employer’s investigation was deemed perverse, the total award was for £357,004 which included £40,000 injury to feelings. [1] In addition, employees have to grapple with the management cost of employment tribunal claims which can be significant. [2] The Equality and Human Rights Commission has also been granted powers to enforce the new duty.
Caroline Doran Millett, employment partner at RWK Goodman says:
“It is now a matter of urgency that all employers undertake meaningful steps to eradicate the risk of workplace sexual harassment. While there are many simple and effective steps which can be taken, businesses that fail to get to grips with the legislation could face dire financial consequences given the extended financial penalties available to the Tribunal from 26 October. With the festive season around the corner and the inevitable uptick of high risk informal and formal work socials, the issue is imperative and should be at the top of employers’ agendas.”
[1] The latest published Employment Tribunal and Employment Appeal Tribunal Tables 2022 to 2023 showed that for Sexual discrimination, which includes, sexual Harassment in the Maximum award was £995,128 and Average (mean) award £37,607
[1] The Consultation on Workplace harassment impact assessment: final stage, October 2021 – part 2 of 2 (evidence base) – GOV.UK (www.gov.uk) found that the average time spent defending an Employment Tribunal case as taken from the Survey of Employment Tribunal Applications (SETA) 2018 was 22 days for directors/senior officials and 6 days for other staff.
