An employer’s duty to protect workers from sexual harassment
Sexual harassment in the workplace continues to be very topical, with changes in the law and applicable guidance focussed upon preventing sexual harassment from occurring, rather than simply reacting after it has happened.
On Tuesday 6 August 2024, the Equality and Human Rights Commission (EHRC) closes its a consultation on proposed changes to its technical guidance on workplace sexual harassment and harassment.
This consultation has taken place as the law on preventing sexual harassment in the workplace is changing.
On 26 October 2024 the new Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force. The Act introduces a new positive legal obligation on employers to take reasonable steps to protect their workers from sexual harassment. If an employer breaches the preventative duty, the ECHR will have the power to take enforcement action against the employer. Employment tribunals will also have the power to increase compensation for sexual harassment by up to 25%.
The new Labour government put forward a number of proposals in relation to employment reforms in line with their manifesto. This included a proposal for tightening the legislation regarding prevention of sexual harassment in the workplace. They plan to make it law that ‘all reasonable steps’ are taken by employers as opposed to the current ‘reasonable steps.’ The addition of a single word could substantially strengthen the protection afforded by the Act.
Baroness Kishwer Falkner, chairwoman of the EHRC has said:
“Sexual harassment in the workplace is unacceptable and every employer – no matter how big or small – is responsible for protecting its staff. As the equality regulator, it is our job to promote and uphold Britain’s equality laws. We have launched this consultation to ensure employers understand their legal obligations.
We are seeking views on the clarity of our guidance, so that workplaces understand the practical steps they will need to take to comply with the new preventative duty.
Every employer needs to understand how to comply with the law and keep staff safe at work”
The EHRC’s updated technical guidance will outline the obligations the Worker Protection Act places on employers to take reasonable steps to prevent sexual harassment of employees, including harassment by third parties (such as customers, clients or contractors).
