Philip Hyland, Partner at PJH Law Solicitors LLP has set up Yoga HR an online training company to help your business minimise risk, minimise costs and keep compliant. Read all about it here

 

Hello, starting on 26 October 2024, following a 12 month lead in period, a new law comes into force regarding the Equality Act 2010, placing a legal duty on you as an employer to take reasonable steps to prevent sexual harassment of your employees or workers. This significant change requires proactive measures and a thorough understanding of your responsibilities to create a safe and respectful workplace.

  • Policy Implementation: You need to have a comprehensive policy in place that clearly defines what constitutes sexual harassment. This policy should include practical definitions and examples to ensure clarity for all employees and workers.
  • Complaint Procedures: Establish a straightforward procedure that allows employees or workers to report incidents of sexual harassment directly to you. This process should be accessible, confidential, and efficient.
  • Awareness and Training: Ensure that all employees and workers are fully aware of the policy and procedures. Initial and ongoing training sessions are crucial.
  • Annual Refresher Training: Conduct yearly training sessions to keep everyone updated on policies and any changes in the law. This helps in maintaining awareness and reinforcing the importance of a harassment-free workplace.

 

Case Spotlight: P v Crest Nicholson

Perhaps one of Philip’s best known case is

P v Crest Nicholson, where an Employment Tribunal found that an employee had been raped following a Christmas party and the employer was liable as the rape happened in the “course of employment.” The case received extensive publicity and such cases are reputationally damaging for employers, and can damage the brand.

Your Defence Strategy

Employers have a defence if they can show they have taken reasonably practicable steps to prevent sexual harassment. Training is key. Philip has been involved in training employers on preventing harassment for over 20 years. Most training now is online as that enables employers to have documented evidence of training as well as follow up training.

The course Philip has developed leverages his extensive experience to ensure that you can demonstrate adequate training of your workforce if a claim is brought against you.

 

Potential Penalties

Failure to take reasonable steps can result in a Tribunal increasing any award by up to 25%. This makes it even more critical to ensure compliance and thorough training.

 

Next Steps

If you are interested in previewing the training courses we offer at Yoga HR, please click this link and scroll down for more information.

Taking these proactive steps not only ensures compliance with the new law but also fosters a safer and more respectful workplace environment for all.