New duty to prevent sexual harassment
Wednesday 30th October 2024
Effective 26 October 2024, employers will be under a new positive duty to take “reasonable steps” to prevent sexual harassment of their workers.
The new duty will require employers to consider their workplace culture, to anticipate how sexual harassment might occur and to take proactive steps to prevent it, although specific steps are not set out in the legislation. It applies to harassment of workers by other workers and by third parties such as clients or suppliers.
The UK Equality and Human Rights Commission has updated its Sexual harassment and harassment at work: technical guidance to include the preventative duty and has issued an 8-step guide for employers (https://www.equalityhumanrights.com/employer-8-step-guide-preventing-sexual-harassment-work), both of which provide further details about the duty.
The new duty does not represent a standalone right, but where there is a successful harassment claim, employers in breach of duty could be liable for a 25% uplift in compensation. It is important to note there is no cap in compensation awarded in cases of harassment.
The recently published the Employment Rights Bill proposes extending this duty and will require employers to take “all reasonable steps” to prevent sexual harassment. It also provides for future regulations, stipulating the reasonable steps employers are required to follow such as publishing policies, having complaints and reporting procedures, carrying out risk assessments and training.
All information in this update is intended for general guidance only and is not intended to be comprehensive, or to provide legal advice.