From 26 October 2024, all employers (irrespective of size) will be under a mandatory duty to take reasonable steps to prevent sexual harassment in the workplace (the Duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023). Failure to do so (or a suspected breach of this duty) will entitle the Equality and Human Rights Commission (“EHRC”) to take enforcement action against an employer. In addition, an employment tribunal can increase a compensation award on a successful sexual harassment claim by up to 25% if the employer is unable to establish that it took reasonable steps to prevent the harassment.
The Duty requires employers to take active steps to prevent sexual harassment in the workplace before it happens, including harassment by third parties such as clients and customers.
In this Ten-Minute Talk, Partners Emma Bartlett and Beth Hale discuss the following:
- A proactive approach: The focus on employers taking proactive measures to prevent sexual harassment, including conducting tailored risk assessments that are specific to their business and its employees
- Practical guidance for employers: Ensuring policies are updated and specific training for employees is provided, ensuring effective mechanisms for reporting and challenging inappropriate behaviour and responding to incidents
- Workplace events and alcohol: Addressing risks at workplace events, particularly those involving alcohol, and the importance of encouraging responsible drinking practices
- Third-party considerations: The need to ensure that third parties, including clients and contractors, are also compliant with anti-sexual harassment policies and how employers can be braver about taking action against third parties where necessary
If you would like to discuss any aspect of the new Duty in more detail, or if you have specific questions, please contact Partner Emma Bartlett or Partner and General Counsel Beth Hale.
