New Sexual Harassment Legislation Effective from 26th October 2024: What It Means for Agency Workers and Clients
As of 26th October 2024, significant changes to UK sexual harassment legislation will come into force, aimed at strengthening the protection of workers across all sectors. This new legal framework will have a direct impact on both agency workers and the third-party clients they work with, creating important obligations for businesses to ensure a safe and respectful workplace for everyone.
What’s Changing?
The new legislation is an enhancement of the Equality Act 2010, introducing key measures that focus on preventing sexual harassment in the workplace. The most notable provisions include:
- Mandatory Duty for Employers: Employers now have a legal obligation to take proactive steps to prevent sexual harassment within their organizations. This means implementing clear policies, providing regular training, and taking appropriate actions when incidents arise.
- Third-Party Harassment: This legislation explicitly includes protections against harassment by third parties, such as clients, customers, or contractors. Employers will now be held accountable if workers, including agency workers, experience harassment from individuals not directly employed by the organization.
- Extended Time Limits for Claims: The time limit for bringing forward sexual harassment claims has been extended from three months to six months, providing victims with additional time to report incidents and seek justice.
Impact on Agency Workers
Agency workers will benefit directly from the extended protections under this new legislation. While previously the focus was primarily on permanent staff, the law now makes it clear that agency workers are equally entitled to protection from sexual harassment, whether from colleagues, clients, or third parties.
This means that agency workers placed on a client’s site can expect the same level of respect, dignity, and protection as any permanent employee. If they experience harassment from someone at the client’s site, the client has a legal responsibility to address and prevent it.
Premier Work Support will be collaborating with its clients to ensure that appropriate preventive measures are in place and that agency workers have a clear pathway for reporting any issues.
What This Means for Clients (Third Parties)
For third-party clients, the new legislation introduces a heightened responsibility to ensure that any agency workers placed in their organisation are safeguarded from sexual harassment. As employers, clients must take proactive steps to prevent harassment not only among their direct employees but also among agency staff.
Clients are now legally required to:
- Implement Robust Policies: Ensure that clear anti-harassment policies are in place and communicated to all workers, including agency staff.
- Provide Training: Offer regular sexual harassment training for all employees and contractors, making it clear that harassment of any kind will not be tolerated.
- Respond Promptly to Incidents: Address any reported incidents of harassment swiftly and effectively, regardless of whether the worker involved is a permanent employee or an agency worker.
- Take Preventative Measures: Conduct risk assessments and put systems in place to monitor, prevent, and address potential harassment.
Failure to comply with these requirements may result in legal consequences, including financial penalties and reputational damage.
Next Steps for Businesses
Both agencies and their clients need to ensure full compliance with the new legislation to create a safer and more respectful workplace for all. To meet these new obligations, businesses should:
- Review and update harassment policies to include protections for agency workers.
- Collaborate with agency partners to ensure aligned procedures for reporting and addressing harassment.
- Conduct training sessions for employees and agency workers to raise awareness about appropriate behaviour and reporting mechanisms.
Conclusion
The new sexual harassment legislation coming into effect on 26th October 2024 is a significant step forward in creating safer work environments for all individuals, including agency workers. By ensuring that both agencies and clients are taking their responsibilities seriously, this legislation will foster greater accountability, stronger workplace protections, and an inclusive culture of respect.
At Premier Work Support, we are fully committed to supporting our clients and agency workers through these changes. We encourage all businesses to take the necessary steps to comply with the new legislation and create a workplace where everyone feels safe and respected.
For more information or to discuss how we can help your business implement these changes, please feel free to contact us at humanresources@premierworksupport.co.uk