The Worker Protection Act 2024, effective from 26 October 2024, introduces new obligations for employers, including car dealerships, to take reasonable steps to prevent sexual harassment in the workplace.
This new duty, inserted as section 40A into the Equality Act 2010, places an ongoing responsibility on employers to anticipate and address potential risks of sexual harassment and to take proactive measures to prevent it from occurring. Failure to comply with this duty could result in significant consequences, as employment tribunals may increase compensation awards by up to 25% when they find an employer has not taken reasonable steps to prevent sexual harassment.
What constitutes “reasonable steps” will vary depending on the size, resources, and particular circumstances of the employer, including the sector in which it operates. For car dealerships, examples of reasonable steps may include:
- Implementing and regularly updating a clear anti-harassment policy that outlines unacceptable conduct, how to report inappropriate behaviour, and the support available for employees.
- Providing mandatory training to all staff on what amounts to sexual harassment and the standards of behaviour expected in the workplace, alongside specific training for managers on handling complaints.
- Fostering a zero-tolerance workplace culture that is supported by senior management and encourages employees to report any inappropriate behaviour without fear of reprisal.
- Establishing effective reporting mechanisms that allow employees multiple methods to raise complaints and a clear process for handling these complaints promptly and fairly.
- Carrying out regular risk assessments and staff surveys to identify potential problem areas and assess the risks of third-party harassment, such as from customers or suppliers.
The Equality and Human Rights Commission will be responsible for enforcing these obligations, and it is important to note that this duty only applies to sexual harassment, not other forms of harassment. In addition to safeguarding employees from harassment by colleagues, the duty extends to third-party harassment, such as harassment by customers. Employers are expected to assess and mitigate risks in all areas of their business where employees may interact with third parties.
While the Act currently requires employers to take “reasonable steps,” the government has signalled its intention to reintroduce the “all reasonable steps” requirement, which could further expand employer obligations in the future.
If any of the above changes are unclear or if further guidance is needed, Lawgistics will be able to answer your queries.
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