
The Health and Safety at Work etc. Act 1974 is once again set to be updated to ensure it is fit for purpose. If approved, the latest amendment would require Health and Safety England (HSE) to prepare a framework on violence and harassment in the workplace, specifically including women, girls and gender-based violence. Currently, the act requires employers to ensure the health, safety and welfare of their employees, as far as reasonably possible. The amendment seeks to build upon this by implementing specific steps which an employer must take.
In October 2024, we saw the introduction of The Worker Protection (Amendment of Equality Act 2010) Act 2023 which put an additional duty on employers to take all reasonable steps to prevent sexual harassment in the workplace, including by third parties. The proposed amendment to the Health and Safety at Work etc. Act 1974 seeks to build upon this by requiring employers to do the following:
Conduct risk assessments to identify potential harassment risks.
Implement policies and procedures to eliminate these risks
Provide employee training on recognising and preventing harassment.
If the proposed amendments come into effect, it is likely that employers would be penalised in the employment tribunal for failing to comply with these steps. Presently, if an employer fails to take steps to prevent against sexual harassment, any compensatory payment awarded against them in a tribunal can be increased by up to 25%. This highlights the importance of all employers being proactive in taking preventative measures to ensure they are complying with the proposed amendments.
At Buxton Coates Solicitors, we can provide the necessary policies and procedures that you need to have I place, as well as provide equality and diversity training to your organisation. Contact our employment team today to ensure you have taken the necessary steps to ensure you are observing the new duty to take all reasonable steps to prevent against third party sexual harassment.
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