UPDATE: New legal duty for employers to prevent sexual harassment in the workplace

Read the original article from November 2023 here.

From 26 October 2024, all employers will have a positive obligation to take reasonable steps to prevent sexual harassment in the workplace. 

On 9 July 2024 draft guidance was published by the Equality and Human Rights Commission to assist employers in preparing for the new positive legal obligation.

The guidance is still in draft form, however, there are some key points that employers should note: 

1. The guidance sets out that the positive duty covers sexual harassment by third parties (e.g. clients, customers etc).
2. The preventative duty is described as an anticipatory duty. Therefore, employers should be anticipating scenarios where its workforce may be subject to sexual harassment in the workplace and be taking reasonable steps to prevent it from happening rather than waiting for an incident of sexual harassment to take place. 
3. No set reasonable steps have been provided but the guidance details a number of measures employers may wish to consider in order to comply with the duty.
4. With regard to enforcement action, The Equality and Human Rights Commission have the power to take such action against an employer. 
5. If an employer succeeds in bringing a claim for sexual harassment and is awarded compensation, the compensation awarded can be increased by up to 25% if the Tribunal  considers that the preventative duty has been breached. 

If you need guidance on how the Worker Protection (Amendment of Equality Act 2010) Act 2023 will impact on your business and whether you are taking reasonable steps, please do not hesitate to get in contact with our employment law team.