The PDA helps members to understand and exercise their rights at work and to challenge employers who do not fulfil their responsibilities. The PDA also champions equality and works for safe and healthy workplaces in which pharmacists’ wellbeing is protected. The PDA therefore welcomes an improvement to the Equality Act that will help tackle sexual harassment.
From 26 October 2024, there will be a new duty on employers to take reasonable steps to prevent sexual harassment, aiming to create safer and more respectful working environments.
It would of course always be better if any harassment simply didn’t happen in the first place, and when the Worker Protection Act (amendment of the Equality Act 2010) comes into force, it will change the duty on employers from taking remedial action only after the fact, to its prevention.
If employers fail to take reasonable steps to prevent sexual harassment, then the Equality and Human Right Commission can take enforcement steps, and any successful tribunal claim will be subject to a compensation increase of up to 25%. However, an individual cannot bring a claim for a breach of the preventative duty as a stand alone claim.
This change in the law will create a new section (S.40A) of the Equality Act, with the wording, “An Employer (A) must take reasonable steps to prevent sexual harassment of employees of A in the course of their employment.”
It only applies to sexual harassment as defined in S.26(2) of the Equality Act. This deals with unwanted conduct ‘of a sexual nature’ which has the purpose or effect of violating a person’s dignity or creating an ‘intimidating, hostile, degrading, humiliating, or offensive environment’ for them. Harassment not of a sexual nature is not covered by this new Act.
The preventative duty means employers should not wait until an incident of sexual harassment has taken place before they take any action. Employers should instead anticipate situations when workers may be subject to sexual harassment in the course of employment (for example, lone working, when working in the presence of drugs or alcohol, power imbalances etc.), and take action to prevent such harassment taking place. If sexual harassment has taken place, the preventative duty means an employer should take action to stop sexual harassment from happening again.
Employers have until 26 October 2024 to put the appropriate measures in place as a legal obligation. Within the workplace this includes developing policies, conducting training, and promoting a culture of respect. They are also required to take reasonable steps to prevent sexual harassment of workers by third parties, such as patients, friends and family of colleagues, external training providers, and suppliers. It should be made clear to everyone who interacts with the workers, that the employer will not tolerate sexual harassment.
What is reasonable will vary from employer to employer and will depend on many factors. There are no defined criteria or minimum standards set out in the Act that an employer must meet, so it is for each one to determine how they can comply. However, the amendment specifies that ‘reasonable steps’ may involve:
- Establishing clear anti-harassment policies. Employers must review and update their policies and practices to comply with the new duty. This perhaps includes conducting risk assessments, creating or revising existing training programs, and setting up avenues for reporting.
- Providing training for all employees, especially managers and HR personnel. Regular training sessions are required to educate employees about how to recognise sexual harassment, their rights, and the importance of a harassment-free workplace, as well as their responsibilities regarding sexual harassment and how to report it. Most importantly, the message should be that sexual harassment is against the law and will not be tolerated.
- Ensuring accessible reporting mechanisms for victims, and offering counselling services, including signposting to outside sources of support. This should hopefully ensure victims feel safe and supported in coming forward.
- Conducting regular assessments of workplace culture and addressing any identified issues. This can include the use of anonymous surveys and creating a formal procedure to be used when any reports are made or risks detected.
As stated, individuals cannot bring claims against their employer for a breach of this duty. It is the Equality and Human Rights Commission that can investigate employers who appear not to be complying with the duty, and may need to issue unlawful act notices to employers who are in breach.
However, the Act inserts a new section into the Equality Act (S.124A) allowing an Employment Tribunal to increase compensation when someone successfully claims against their employer for sexual harassment. If an employment tribunal finds that a worker has been sexually harassed and has ordered the employer to pay compensation to the worker, it must then consider if the employer has complied with the preventative duty. If the Employment Tribunal is satisfied that the preventative duty has been breached, it may order the employer to pay additional compensation to the worker, called a compensation uplift, by as much as 25% in order to reflect the extent of the employer’s failure.
The amendment marks a significant step forward in protecting workers from sexual harassment. Employers must act promptly to comply with these new obligations, encouraging a workplace culture that prioritises safety and respect.
For further information, The Equality and Human Rights Commission’s guidance on sexual harassment and harassment at work contains steps employers should consider taking in order to prevent and deal with harassment at work. The employer’s guide can be found by clicking here.
PDA members who have been subject to sexual harassment at work should contact the PDA Member Support Centre.
Learn more
- Sexual harassment and harassment at work
- Employer 8-step guide: Preventing sexual harassment at work
- PDA Member Support Centre
- The Equality Act 2010
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