New Workplace Legislation Aims to Combat Sexual Abuse

The creative industries have long struggled with sexual abuse and harassment, but new legislation set to take effect in Autumn 2024 promises to bring about significant change. The updated Equality Act 2010 will place a proactive duty on employers to prevent sexual harassment of employees, including those who are self-employed. This change extends beyond the traditional workplace, covering activities such as work-related social events and conferences. Employers must take reasonable steps to prevent harassment, with the definition of sexual harassment remaining unchanged as unwanted conduct of a sexual nature that violates a person's dignity or creates a hostile environment. The new provisions will require employers to implement systemic changes, moving beyond simple policy updates and tick-box training. Instead, companies must undergo a cultural shift, proactively addressing and preventing abusive behaviors. The government has announced plans for a statutory code of practice to guide employers, although the specifics of what constitutes 'reasonable steps' will be determined by the courts. To comply, employers should develop and communicate effective anti-harassment policies, assess and minimize risks, engage and train staff, and establish reporting procedures. The new legislation emphasizes the need for a proactive approach to preventing harassment, with employers expected to demonstrate a genuine commitment to creating a safe and respectful work environment. Failure to comply may result in proceedings by the Equality and Human Rights Commission, as well as potential financial penalties and increased compensation for successful complaints. The changes will affect all organizations, regardless of size, and ignoring the new legislation may lead to significant challenges in talent acquisition and a negative impact on the bottom line.