A New Era of Workplace Safety: Preventing Sexual Harassment in the Social Housing Sector.

On 26 October 2024, new sections 40A and 124A of the Equality Act 2010 (EqA 2010) came into force. These changes have had a significant impact on how employers need to approach sexual harassment in the workplace, including Registered Providers of Social Housing.

It is clear the onus is now on employers to take proactive steps and implement measures to prevent incidents of sexual harassment.

The Equality and Human Rights Commission (EHRC) updated its technical guidance on sexual harassment and introduced a new eight-step guide for employers.

The eight steps identified are not an exhaustive list, but implementing the steps should help the Social Housing Sector take positive action to prevent and deal with sexual harassment in the workplace.

· Developing an effective anti-harassment policy.

· Engaging with staff.

· Assessing and taking steps to reduce workplace risk.

· Reporting.

· Training.

· Handling harassment complaints.

· Dealing with third-party harassment.

· Monitoring and evaluating actions.

Workplace sexual harassment in some organisations is prevalent. With these new changes, employers will need to ensure they are taking preventative measures, otherwise they risk falling foul of the new legislative requirements.

Recent research highlights the widespread nature of workplace sexual harassment. A BBC study revealed that 40% of women and 18% of men have experienced unwanted sexual harassment, ranging from inappropriate comments to serious assaults. The Fawcett Society’s findings echoed these results, with at least 40% of women reporting sexual harassment.

Further changes and implications

The EHRC will be able to enforce the new duty and employment tribunals will be able to award an uplift of up to 25% to an employee’s discrimination compensation where it finds there has been a breach of the duty (section 124A).

Prevention of Sexual Harassment from Third Parties

The duty also extends to employers now being vicariously liable for not only the actions of their own employees but also third parties. This may have an wider impact on Registered Providers of Social Housing, should a customer sexual harass an employee.

If a Registered Provider of Social Housing fails to prevent sexual harassment of its employees by third parties, it could be in breach of the preventative duty.

The EHRC considers that third parties include many different types of people who may potentially harass an employee, including “customers, clients, service users, patients,

friends and family of colleagues, delegates at a conference and members of the public”.

Employers must make proactive measures to create a harassment-free workplace within all aspects of the organisation.

Employment Rights Bill – Harassment

The Employment Rights Bill, once in force, will also extend this duty to all types of harassment. This may extend to harassment which takes place during the management of a tenancy.

Once enforce, Registered Providers of Social Housing will therefore be under a duty to take ‘all reasonable steps’ to prevent harassment of its employees from third parties, including tenants and customers.

Previously, it was enough for employers to demonstrate they had taken reasonable steps to prevent harassment. If the bill is enacted, employers will need to take positive action to prevent and deal with harassment.

The Employment Rights Bill will also enable employees to bring a standalone claim for harassment by third parties in the workplace. This means, if a Social Housing Provider fails to take action when a customer is harassing an employee, it could lead to a claim by the employee.

Whilst the Employment Rights Bill is not proposed to come into force until 2026, for standalone harassment claims, it is imperative that the Social Housing Sector act now to ensure they have the correct procedures and policies in place.

The duty to prevent sexual harassment, and in due course, the extended duty to prevent harassment, are factors a Social Housing Provider should take into account when considering their legal enforcement tools, in respect of tenants and customers, who may be harassing employees.

When the court considers housing legal enforcement action against a tenant or customer, due to harassment, the Court could be drawn to these additional duties, when determining whether its is ‘just and convenient’ to order an ASB injunction, and or ‘reasonable’ and/or ‘proportionate’ when ordering possession of a tenant’s home.

If you want more advice and support on the changes in Employment Law and Harassment, please contact the Social Housing and Employment Law Team at MSB.