Employers Duty to Prevent Sexual Harassment

From 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023, will come into force. This will introduce a duty on employers to take reasonable steps to prevent the sexual harassment of workers during the course of their employment. This duty also extends to preventing sexual harassment by third parties.

The Equality and Human Rights Commission has updated its technical guidance on sexual harassment to incorporate this new duty. 

This duty bolsters the existing harassment provisions for employees under the Equality Act 2010, but it does not create a standalone claim in the Employment Tribunal. Instead, a claim for breaching this duty will only be considered where a tribunal has upheld an employee’s sexual harassment claim. If a tribunal considers an employer to have contravened this duty, it may award an uplift in compensation of up to 25%. 

A tribunal will consider various factors when determining what is reasonable, such as the employer’s size and available resources. 

Although there is currently some uncertainty about what constitutes ‘reasonable steps’, employers should ensure to do the following to best prepare for this duty coming into force: 

• Conduct a risk assessment regarding sexual harassment occurring in the course of employment and consider what reasonable steps could be taken to reduce these risks. 

• Create a sexual harassment policy and reporting procedure and clearly communicate this to workers.

• Implement procedures effectively and ensure they are regularly reviewed. 

• Implement appropriate training.

• Properly investigate complaints and take action when necessary.

The new positive obligation will only apply to sexual harassment at this stage and does not extend to harassment based on other relevant protected characteristics. 

If you would like any further information on this article or would like to discuss your employment law and HR matters, please don’t hesitate to contact at hello@alphr.uk and we will be delighted to help you.