In the wake of the “#MeToo” movement, employees who believe they have experienced sexual harassment in the workplace will now have four times as long to raise this grievance with their employer.
On 13 June 2023, the Employment Relations (Extended Time for Personal Grievance for Sexual Harassment) Amendment Act came into force.
The effects of this Act are that:
- Employees who believe they have a personal grievance for sexual harassment now have 12 months from the date on which the relevant act/s occurred or came to their notice (whichever is later) to raise that grievance with their employer. The previous period for raising a personal grievance for sexual harassment was 90 days.
- If the employee wants to join a controlling third party to any proceedings regarding a sexual harassment grievance, they have 12 months to notify the controlling third party of their belief that the controlling third party caused or contributed to the personal grievance. Previously, they only had 90 days to notify the controlling third party of this belief.
These changes only apply to:
- Personal grievances relating to sexual harassment. All other personal grievances (i.e. those not relating to sexual harassment) still need to be raised within 90-days.
- Sexual harassment actions which occurred or came to the notice of the employee on or after 13 June 2023. If an action occurred or came to the notice of the employee before this date, then it must still be raised within 90 days.
What does this mean for employers?
Although it doesn’t expressly say so, the implication of the Act is that all existing employment agreements should be updated to refer to the extended timeframe for raising a personal grievance for sexual harassment. This could be done by a letter of variation.
Employers are also now required to:
- Update any employment agreement templates and ensure any future employment agreements reflect the changes so that employees receive accurate information regarding the raising of personal grievances; and
- Update any sexual harassment policies to reflect the changes.
If you would like further information on these changes or any other employment law advice please contact Lucy Nolan, Senior Solicitor – get in touch here.