Employers must be prepared for new changes in sexual harassment law

Companies must be prepared for the introduction of new sexual harassment laws in the workplace. This is according to Kasia Krieger, Business Manager at catering and hospitality company Pineapple Recruitment, ahead of extensions made by the government in the Worker Protection (Amendment of Equality Act 2010) Act 2023.

The changes, which come into effect on October 26, will give employers a new responsibility to prevent sexual harassment in their workplace. Failure to comply will mean that employment tribunals can award an increase of up to 25% to an employee’s discrimination compensation where they find there has been a breach of duty.

Ms Krieger says the hospitality industry is particularly susceptible to sexual harassment, especially harassment by third parties, given the high level of customer interaction, the presence of alcohol and the informal working atmosphere.

She said: “From October 26, all employers have a legal duty to prevent sexual harassment in the workplace. Previously, employers were primarily liable if they failed to take action on reported incidents of harassment, but the new legislation places a duty on employers to be proactive and take reasonable steps to stop harassment before it occurs, highlighting on prevention.

“One of the most impactful changes is the reintroduction of protection against third-party harassment. This means that employers are responsible if their employees are harassed by customers, clients or other non-employees. This is a crucial point for the hospitality and catering sector, where employees frequently come into contact with customers and the public.

“Importantly, these more robust laws also introduce a requirement for structured channels for employees to report harassment and hold employers accountable if they fail to ensure a safe working environment. Regular reviews of anti-harassment policies and procedures are needed, including demonstrating how line managers are trained. A culture of openness and support will be key to success in the coming months.”

Ms Krieger added that it is now crucial that hospitality and catering companies, together with recruitment agencies, screen candidates more rigorously to ensure they meet anti-harassment standards, provide appropriate training and ensure both parties are aware of their legal responsibilities.

www.pineapple-recruitment.co.uk