The alert has come from industry specialist Kasia Krieger, Business Manager at catering and hospitality jobs firm Pineapple Recruitment, ahead of extensions the government is making to the Worker Protection (Amendment of Equality Act 2010) Act 2023.
The changes, which come into effect on 26 October, will place new ownership on employers to prevent sexual harassment in their place of work. Failure to comply will mean that employment tribunals can award an uplift of up to 25% to an employee’s discrimination compensation where it finds there has been a breach of duty.
Ms Krieger says that the hospitality industry is especially susceptible to sexual harassment, particularly third-party harassment, given the high level of customer interaction, the presence of alcohol, and the informal work atmosphere.
She said “from the 26 October, all employers will have a legal duty to prevent sexual harassment in the workplace. Previously, employers were primarily liable if they failed to act on harassment incidents that have been reported, however the new legislation imposes a duty on employers to be proactive and take reasonable steps to stop harassment before it occurs, placing the focus on prevention.
“One of the most impactful changes is the reintroduction of protections against third-party harassment. This means employers are responsible if their employees are harassed by customers, clients, or other non-employees. That’s a crucial point for the hospitality and catering sectors, where workers frequently engage with clients and the public.
“Importantly, these more robust laws also introduce the requirement for structured channels for employees to report harassment and holds employers accountable if they fail to ensure a safe working environment. It needs regular reviews of anti-harassment policies and procedures, including proving how line managers are being trained. A culture of openness and support will be key to success in the months ahead.”
Ms Krieger added that it was now critical that hospitality and catering businesses, along with recruitment firms, screen candidates more rigorously to ensure they meet the anti-harassment standards, provide appropriate training, and ensure that both parties are aware of their legal responsibilities.