The guidance, published today, was published ahead of the Worker Protection Act, an amendment to the Equality Act, which is set to come into force on 26 October.
Nearly half (45%) of employers did not know that the legislation would be implemented next month, according to a survey by consultancy Culture Shift published on 24 September.
Meanwhile, two fifths (39%) of employers felt their business was “very prepared” to deal with sexual harassment allegations.
The Worker Protection Act will enforce a duty for employers to prove they have taken all reasonable steps to prevent sexual harassment by employees, 'agents' and third parties in the workplace.
“Being prepared for the update to the Worker Protection Act on October 26 shouldn’t just be treated as a legal duty by employers, but a moral one too,” Suki Sandhu, founder and CEO of DEI network and consultancy INvolve, told HR magazine.
“The safety and protection of women – and all employees – is paramount and the consequences of sexual harassment for individuals and businesses can be catastrophic.
“If leaders are serious about the inclusion of women, they must do everything they can to eradicate sexual harassment from the workplace and show all employees how seriously it is being addressed from right at the top of the organisation.”
Read more: How prepared are you for the legal changes coming on sexual harassment in the workplace?
The EHRC guidance clarified the changes made to employers’ legal duties to take a “proactive” or “anticipatory” approach to preventing sexual harassment in the workplace.
These included a duty to prevent sexual harassment (and to ensure that anyone who is the victim of harassment is not treated unfavourably), as well as harassment related to sex or gender reassignment or a relevant protected characteristic.
According to the guidance, sexual harassment refers to unwanted conduct that is “sexual in nature”, such as sexual comments, jokes, pictures, gestures, questions, rumours, looks, advances, messages or touching.
The EHRC also explained the reasonable steps employers could take would depend on factors such as the size of the organisation, what resources it has access to and whether previous complaints had been raised.
The guidance then encouraged employers to consider the risks of sexual harassment, what steps it could take to reduce those risks, consider which of those steps it would be reasonable for it to take and implement those steps.
The EHRC emphasised that it has enforcement power over the legislation, and can increase the compensation employers must pay employees at tribunal if they are found to have not complied with their preventative duty, by up to 25%.
Read more: Sexual harassment legislation: How can HR get ahead?
Employers should start reviewing their approach to preventing sexual harassment now to get ahead of the legislation change, according to Gemma McCall, CEO at Culture Shift.
Speaking to HR magazine, she said: “Act now. We have the chance to mitigate risk and build stronger, more inclusive workplaces. The reasonable steps you can take to prevent sexual harassment in the workplace include reviewing policies, improving internal communication, training to embed positive behaviours and raise awareness on harmful behaviours.
“Introduce an online reporting system that allows employees to make complaints either named or anonymously; ensure that employees are aware of the change in law.”
Sandhu added: “Above all, employers must foster a safe and inclusive culture; one in which sexual harassment is unequivocally unacceptable at all levels and for all employees, bolstered by a strict zero-tolerance policy.”
The full EHRC guidance on sexual harassment at work can be found here.
Culture Shift surveyed 1,001 business leaders, owners and HR professionals from large companies with 250 or more employees between 21 June to 2 July 2024.
