On 26th October 2024 there is a significant change in the law, shifting the onus on to employers to be proactive about protecting their workforce against harassment.
This change will affect every business in England, without exception. It is expected to have a huge impact on industries with many employees such as in hospitality or manufacturing, and statistics show more women are likely to be affected.
In the eyes of the law how the employee’s opinion is what matters.
Harassment
This can be physical, verbal or visual and includes in-person or through online messages.
Bullying
It covers employer events and employers are also set to become liable for employees harassed by customers or third parties.
Banter
While actions may be intended as friendly or humorous, the behaviour may actually be seen as harassment in legal terms.
“What if I do nothing?”
Of course, there is the option to do nothing. Chris Hayes, employment law Partner and Head of Innovation at HM3 Legal says:
“Given that the average sex harassment claim in the past year was around £40,000 there is obviously a huge risk to any business considering ‘sitting it out’ to see what happens. From October 26th there will be an added penalty for not taking steps to prepare and protect workers as a Judge will be able to award an additional 25% in compensation.”
How can you prepare for the law changing?
It may be possible to remove liability if your company can show it has taken ‘reasonable steps’ to prevent workplace harassment, and you can prove it. The team of employment lawyers at HM3 Legal believe that businesses can increase worker safety and reduce risk by taking action BEYOND just updating written policies. Why does this matter? A more comprehensive response is required to support this new anti-harassment law, including training.
It will be vital to upskill employees and raise awareness about the legal distinctions between harassment, bullying and banter – and ensure a reliable, regular and transparent process is in place to be able to evidence that all-important proof.
What to do next?
There is time to prepare before the law comes into force in October. Check out this brief video from HM3 Legal explaining the change in the law and options to consider.
Justine Watkinson, employment law Partner at HM3 Legal adds:
“Why create an anti-harassment package? Because the law is strengthening and doing the minimum by updating written policies is unlikely to be enough! Training your employees and adopting a transparent and thorough process can safeguard employees so they feel supported at work, and protect businesses from claims and sizable fines.
“Our team works with in-house HR professionals and helps employers navigate tribunals and litigation – yet of course wherever we can, we prefer to help businesses prevent claims in the first place.”
Contact HM3 Legal for a no-obligation conversation about helping your business prepare. Email: Hello@HM3Legal.co.uk
