Leading employment law firm Littler says the first year has seen clear action by many employers.
ACAS meanwhile has faced a 39 per cent rise in sexual harassment related calls according to recently reported figures. However, Littler believes this is likely driven by a greater awareness and willingness from people to report, rather than a surge in incidents – underlining the need for clear internal processes and prompt responses.
“Awareness of the duty has clearly shifted behaviour,” remarks Natasha Adom, Partner at Littler. “Employers are taking steps to address risk in a more structured way, and employees feel more able to raise concerns. But a policy on paper is not enough – the real test is whether organisations create environments where people feel safe to speak up early.”
As the second year of the duty begins, Littler advises employers to:
- Review and update last year’s risk assessments
- Clarify expectations around appropriate behaviour
- Reinforce internal reporting channels and promote them actively
- Foster a culture that encourages early reporting of concerns
Looking ahead, employers should prepare for further potential reforms including:
- A proposed ban on NDAs in harassment cases
- A broadening of the duty to ‘all reasonable steps’
- Reintroduction of liability for harassment by third parties such as clients or customers
Sophie Vanhegan, Partner at Littler, comments: “Employers that embed prevention into their culture now will be in a much stronger position to adapt to the next wave of legal change. The spotlight on harassment is not going away.”
