Acas have updated their sexual harassment guidance to reflect the new preventative duty for employers which came into effect on 26 October 2024.
As most people will now be aware, a new preventative duty requires employers to take reasonable steps to prevent sexual harassment from occurring in the workplace.
The guidance from Acas covers similar ground to the 8-step guide published by The Equality and Human Rights Commission (EHRC), which we have discussed in the below related article. It emphasises that in order to create a safer workplace, employers must undertake a review of their potential risks and identify steps they can take to mitigate these. It also warns against employers waiting until sexual harassment happens before acting – something that we suggest is highly likely to be taken into account by tribunals when looking at these cases. As explained in our previous articles, the duty is very clearly set out to be preventative, not solely reactive.
To assist employers with this new duty, Acas have set out various helpful points of guidance which include giving examples of what sexual harassment may be and of steps that can be taken when cases arise – both by the employee and employer. They also identify some examples of higher risk factors that employers should consider when undertaking their risk assessment. These include:
- meeting clients alone;
- any environment where people are drinking alcohol;
- social events;
- power imbalances between staff;
- travelling for work.
The guidance also recognises that vulnerable employees such as those who are younger, or who have a disability, may be at a greater risk of experiencing harassment.
Regarding policies, the guidance encourages employers to review all policies they have in place to ensure that they are consistent. This includes identifying how each policy might relate to sexual harassment (e.g. ensuring a social media policy extends to personal devices).
We can help employers comply with the new duty and offer a variety of services to suit individual business needs. You can read about some of our key offerings here. If you have any questions or would like to know more about our services, please contact [email protected]
