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How will the UK’s new harassment laws affect the on-trade?

Tomorrow (26 October), new legislation will come into effect in the UK, placing third-party liability on hospitality venues to take ‘reasonable steps’ to prevent sexual harassment in the workplace.

UK harassment laws for hospitality
Employers could be fined for failing to protect staff

The changes are part of The Worker Protection (Amendment of Equality Act 2010) act.

The act states that employers must take reasonable steps to prevent sexual harassment of employees, and that a contravention of this is enforceable as an unlawful act.

Julian Munroe, an associate solicitor at Thackray Williams, explained that there is “no prescribed minimum as to what amounts to reasonable steps for an employer to prevent harassment and protect its workers”, but that it is “an objective test based on the circumstances and work environment”.

He added that the Equality and Human Rights Commission (EHRC) has issued guidance on action, which depends on a range of factors including the company’s size and resources and the nature of the working environment.

“Employers must properly turn their minds to what they consider reasonable steps for their business,” he continued. “Employers should weigh up the likely effect of taking a particular step and whether an alternative step could be more effective.”

Reasonable steps could include conducting risk assessments to identify key areas of risk and actions to prevent sexual harassment; carrying out tailored training for employees and management; monitoring and evaluating the effectiveness of the steps put in place; and providing clear and easily accessible support for anyone who has been the victim of harassment.

The EHRC also suggests developing and communicating an anti-harassment policy and being proactively aware of what is happening in the workplace through one-to-ones, surveys and exit interviews.

The act will not allow workers who are the victim of sexual harassment from third parties to bring a standalone claim of sexual harassment in an employment tribunal, however Munroe added that the EHRC has the power to investigate non-compliance and levy fines on businesses.

The EHRC has also stated that the act allows for compensation for sexual harassment claims during employment tribunals to be increased by up to 25%, if it is found that the employer’s preventive duty was not met.

“It is unclear how rigorous enforcement of third-party harassment will be, however employers must remain vigilant and not underestimate the potential consequences of failing to proactively take reasonable steps,” Munroe said, adding that damage could impact the business’ reputation and staff morale, as well as potentially prompting claims of constructive dismissal or discrimination.

He concluded: “These new changes emphasise the importance of employers ensuring they are proactively taking the necessary reasonable steps to reduce their litigation risk. The statutory defence of ‘all reasonable steps’ avoids complete liability from an employer, so it is advisable that employers review the EHRC guidance and engage legal professionals to help them put the necessary measures in place to defend prospective claims.”

Earlier this week, we spoke to Safe Bars’ Amie Ward about how staff and guests can be protected from harassment.

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