Employers must now take 'reasonable steps' to prevent sexual harassment

Employers - including farms - must take 'reasonable steps' to prevent unwanted conduct of a sexual nature
Employers - including farms - must take 'reasonable steps' to prevent unwanted conduct of a sexual nature

Farm employers must now take 'reasonable steps' to protect workers from sexual harassment as a new duty comes into force.

The law change requires all UK employers - including farming businesses - must take proactive measures to prevent sexual harassment of employees in the course of their employment.

This includes conducts with the "purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual".

The change is part of the Worker Protection (Amendment of Equality Act 2010) Act 2023, which strengthens existing protections under the Equality Act 2010.

Previously, employers were liable for harassment committed by their workers in the course of employment but would have a defence if they could show that they took 'all reasonable steps' to prevent the harassment.

Speaking about the new duty, Anneliese Dodds, Minister for Women and Equalities, said the government was determined 'make work safe'.

"Too many people feel uncomfortable or unsafe at work due to sexual harassment and we are putting every effort into putting a stop to it," she said.

"The preventative duty is an important step on the journey, and we will continue to improve protections for workers until everyone can thrive."

Guidance for employers on developing appropriate plans and policies has been published by the Advisory Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission.

This includes what behaviour needs to be addressed and how complaints should be handled, to help employers protect their staff and avoid tribunals.