A new chapter is emerging for employers. On 26 October 2024, the Protection of Workers (Equality Act 2010 Amendment) Act 2023 will come into force.
The law will create new obligations for employers to take a more proactive approach to ensuring “reasonable steps” are taken to prevent sexual harassment in the workplace. 
The Equality Act defines sexual harassment as unwanted conduct of a sexual nature that has the purpose or effect of violating the dignity of a person or creating an intimidating, hostile, degrading, humiliating or offensive environment. I am. Examples of what may constitute sexual harassment include comments of a sexual nature or unwanted sexual advances. So what can real estate agents do to prevent sexual harassment?
right direction
These reasonable precautions will vary depending on a number of factors, including an employer's size, resources, and line of business. While there is no one-size-fits-all approach, there are some proactive ways employers can minimize risk. Continues below:
Having a well-documented and easily accessible anti-harassment policy will help promote a consistent approach when dealing with complaints of harassment. Such policies should clearly state that sexual harassment, including incidents involving third parties, is unacceptable and that appropriate disciplinary action will be taken against employees found to be harassing co-workers. .
Reporting systems and processes
It is important that employers provide clear and accessible channels for employees to raise concerns about harassment. Real estate agencies typically have a small number of employees, so having an anonymized reporting system in place can help employees feel comfortable disclosing their experiences. Additionally, you will be able to provide affected employees with the support and resources they need. In particular, encouraging reporting can help prevent it from happening again in the future and improve the overall workplace culture in your office.
Employers need to accurately identify the specific risks within their organization and consider how to mitigate them. For example, viewing a home by a third party (especially late at night) can pose a number of risks. As a result, evaluations should be carried out regularly to ensure continuous monitoring and addressing relevant issues.
Employees at all seniority levels should receive training on the definition of sexual harassment and how to identify it. Managers must be able to handle complaints and recognize signs of potential sexual harassment. It is also important to emphasize that refresher training should ideally be provided to all employees every 6 to 12 months.
hindrance
If an employee successfully brings a sexual harassment claim to an employment tribunal and the employer fails to take reasonable steps to prevent the harassment, this could lead to an increase in compensation by up to 25%.
In addition to compensation, there is also the possibility of enforcement action by the Equality and Human Rights Commission (EHRC). Such sanctions may include investigating the employer or entering into a formal, legally binding contract with the employer to prevent future misconduct.
Is it far enough?
Some argue that the legal reforms do not go far enough or merely repeat the laws already in place. It is true that the passed bill is somewhat watered down than the original proposal, insofar as “all reasonable measures” has been reduced to “reasonable measures.” However, this legislation and the EHRC's new guidance have served to shine a spotlight on sexual harassment in the workplace.
The biggest change for businesses in our view is an increased focus on risk assessment and training. While this may be seen by some as just a performance measure, it allows companies to stay on top of toxic work environments and prevent them before they develop into broader workplace issues. You are expected to be able to address and resolve issues.
Of particular interest may be the EHRC's emphasis on what should be considered when carrying out a risk assessment. This includes the size of the agency's workforce, work environment, solo work arrangements, and more.
The bill would also introduce proactive duties for organizations to prevent sexual harassment from third parties, which could put an additional burden on businesses such as real estate agents whose primary purpose is to serve customers. Some people are concerned.
However, this is not an isolated claim and a claim must also be made against the employer. Therefore, if a real estate agent conducts a proper risk assessment for potential red flags when working alone late at night with third-party clients, and all complaints are treated seriously and carefully. , this isn't too much trouble.
Overall, we believe this change is likely to have a positive impact on our employees. However, this initially depends on the company itself and how seriously it takes the change.
Historically, we have seen employment tribunals award severe emotional injury awards and aggravated damages where employers have failed to take reasonable steps to protect workers from sexual harassment; It is clear that we do not discount the inaction of species. It will therefore be interesting to see how the courts enforce this new precautionary duty.
Amelia Little is an employment associate and Olivia Russo is an employment lawyer at London law firm JMW Solicitors.
