BOSSES could face enforcement action from the equalities regulator if they fail to take reasonable steps to prevent workplace sexual harassment as a new law comes into force next month.
The legislation introduces a preventative duty on employers to stop workplace harassment, instead of relying on employees to report incidents.
The Worker Protection Act, due to come in on October 26, is aimed at improving workplace cultures and preventing sexual harassment.
Previously, there was no proactive legal obligation for employers to take steps to prevent sexual harassment at work.
Protections in the legislation were watered down, with Tory peers in the Lords raising concerns about free speech and employers becoming at risk of costly lawsuits.
Plans to make employers liable for harassment of their employees were struck out and measures insisting employers take every reasonable step to prevent sexual harassment were also weakened.
The Equality and Human Rights Commission (EHRC) has published new guidance today ahead of the legislation, saying this will help employers understand their duties.
The EHRC also has powers under the new law to act where there is evidence employers have failed to take reasonable steps to prevent sexual harassment.
TUC general secretary Paul Nowak said that women are experiencing sexual harassment and abuse “on an industrial scale,” with essential front-line workers facing it regularly.
He said that the incoming Act was won by unions, saying: “This is an important step towards making workplaces safer for workers, particularly women. But more needs to be done.
“Employers must adopt a zero-tolerance approach to all forms of bullying, harassment and discrimination.
“We need stronger workplace rights to protect all staff from abuse at work including more robust protections from harassment from customers, clients or any third party.”
Fawcett Society head of policy Alesha De Freitas said: “There is no doubt that employers must do more to tackle sexual harassment at work and that’s why we campaigned so hard, alongside our members, for the Act to become law.
“For too long perpetrators have been able to hide because of workplace cultures that enable harassment and collude in cover-ups.”
Ms De Freitas said that the law is a “big step forward” and a “testament to the power”of campaigners.
“We will continue to campaign to strengthen the law, and enforcement, until working cultures that allow sexual harassment to thrive are consigned to the history books,” she said.
