#MeToo AND BEYOND: LEGAL OBLIGATIONS FOR EMPLOYERS IN PREVENTING SEXUAL HARASSMENT

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Recent revelations have brought to light a troubling trend of high-profile individuals, including Al Fayed, Jimmy Savile, Jeffrey Epstein, and Harvey Weinstein, engaging in egregious acts of sexual harassment and abuse of power. These cases underscore the critical need to address workplace sexual harassment, spurred by the #MeToo movement and subsequent shifts in societal attitudes.

From 26 October 2024, employers will bear a new legal duty to prevent sexual harassment in the workplace. This duty represents a proactive stance, requiring employers to take pre-emptive measures to mitigate the risk of sexual harassment.

Key Changes and Obligations

Under current law, employers can escape liability for sexual harassment claims, committed by their employees if they can demonstrate that they had taken “all reasonable steps” to prevent the harasser from committing sexual harassment. The new legislation on the other hand, imposes a positive obligation on employers to anticipate scenarios and prevent sexual harassment proactively. The broad range of scenarios which could pose a risk should be considered in light of each particular type of workplace.

Implications for Private Households

Private households, due to their unique dynamics and environments, are particularly susceptible to risks associated with sexual harassment. Factors such as lone working arrangements, power differentials, and social interactions, often involving alcohol may necessitate careful consideration.

Employers in private households are now subject to heightened obligations under the new legislation. This includes ensuring respectful and professional interactions not only between the principal and employees but also within the broader household environment, including family members, friends, and guests.

Consequences of Non-Compliance

Failure to comply with these obligations may result in:

• Increased compensation awards by up to 25% in cases where an Employment Tribunal finds a failure to prevent sexual harassment.
• Potential action by the Equality and Human Rights Commission (EHRC), which could include requiring an action plan or entering into a binding agreement to effect change, with court injunctions as a possibility.
• Severe reputational damage, particularly concerning for high-profile employers, given the media scrutiny surrounding allegations of sexual harassment.

Next Steps

1. Conduct comprehensive risk assessments within the household environment. Consider household dynamics or how the behaviour of frequent visitors could create situations where harassment might occur.
2. Update household handbook to include anti-harassment policy, ensure it is  communicated effectively to all family and staff members.
3. Implement proactive measures, including setting expectations for respectful interactions and boundaries with family members and guests.
4. Establish accessible reporting mechanisms for staff to report incidents of harassment promptly.
5. Provide training for house managers or personal assistants on handling harassment issues effectively and in compliance with legal obligations.

By proactively addressing these requirements, private households can align with the new legal framework, safeguarding both their employees and their reputation in the process.on in the process.