CPA Bulletin

www.cpa.uk.net CPA Bulletin > November 2024 31 LEGAL: 2 New Court Rules for England and Wales On 26th September, the Equality and Human Rights Commission (ECHR) published new guidance for employers who must take reasonable steps to prevent sexual harassment of their workers, including from third parties. The reason for producing the updated guidance stems from a Parliamentary Bill - the Worker Protection (Amendment of Equality 2010) Bill, which – at the time of writing - will take effect from the 26th October 2024. The Act introduces a new legal duty on employers to take reasonable steps to prevent sexual harassment of their workers, which is a significant ‘step-change’, as previously, there was no legal obligation on an employer to take any proactive steps to prevent sexual harassment at work. Some of the actions recommended to employers in the guidance include: • Developing and widely communicating a robust anti-harassment policy, which not only includes fellow workers, but also sexual harassment from a third party. • Undertaking regular risk assessments to identify where sexual harassment may occur and the steps that need to be taken to prevent it. • Being proactively aware of what is happening in the workplace and being alert to any warning signs, whether this is by engaging with staff through 1-2-1 meetings, surveying the workforce, or raising the topic in any exit interviews. • Monitoring and evaluating the effectiveness of the actions taken by the employer – either through the HR department or designated senior individual responsible for that area. Should an employee be the victim of sexual harassment, and the employer has failed to take the necessary preventative steps to address the matter; the Act allows Employment Tribunals to order an additional 25% (the maximum permitted) increase to any award given to the worker/employee. The new Act also gives EHRC the power to take enforcement action against a company that has failed to take reasonable preventative steps against sexual harassment of staff. This power may also be used against companies where no sexual harassment has taken place. To assist companies on this subject, the EHRC has updated the ‘8-step Guide for Employers on Sexual Harassment in the Workplace’. A copy of the full and ‘8-step’ guidance documents are available from the ECHR’s website at www.equalityhumanrights.com From the 1st October, the Civil Procedure Rules (CPR) which govern civil litigation in England and Wales, have been updated. The new court rules would allow judges to order disputing parties to try and resolve them away from court, i.e. through Alternative Dispute Resolution (ADR), so as to encourage parties to resolve their disputes at an early stage, and thereby avoid the need for expensive and drawn-out litigation; as well as to attempt to ‘free-up’ the courts. The three main ADR options are: • Mediation - a confidential process in which a neutral third-party facilitates the parties in trying to reach a negotiated solution to their dispute. • Arbitration - a confidential alternative to litigation in which a third-party arbitrator makes a binding decision on the matter. • Adjudication , whereby an expert – solicitor, barrister, or engineer - acts as a ‘judge’ and decides the matter between the two parties. The parties can decide beforehand whether the Adjudicator’s decision is binding on the parties or not. The option of adjudication has been available and used by members over the years through the Model Conditions. If one of the disputing parties believes that a particular form of ADR suggested by the other party is not suitable, it will need to provide an explanation to the judge when the matter is first presented, or next heard in court, to justify why that form of ADR is not appropriate to that particular dispute, and instead may ask for the matter to proceed though the court system. As the new rules become embedded, it will be telling how well these various ADR options will be taken up, and if so, how successful they will be in resolving disputes in a timely manner without reverting back to the court system. ECHR publishes Sexual Harassment Guidance