EHRC launches consultation on updated sexual harassment technical guidance
The duty to take reasonable steps to prevent sexual harassment in the workplace will come into force on 26 October 2024. The EHRC has now launched a consultation in advance of updating its technical guidance on the new duty.
New duty to prevent sexual harassment
Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers will be under a new duty to take reasonable steps to prevent sexual harassment of staff in the course of their employment. The duty will require employers to take a proactive approach to manage the risk of workplace sexual harassment, including in respect of the risk of harassment by third parties. Employers who fail to take such steps risk a compensation uplift of up to 25% in the event of a successful claim against them. Given that compensation awards for harassment claims are uncapped, there could be a high cost of failure to comply with the new duty.
In order to effectively prepare for the new duty, employers should reflect on their current sexual harassment strategy, and make improvements where necessary. It is also sensible to make contemporaneous records to explain the organisation's strategy and approach over time. This ensures that appropriate evidence can be presented to the Tribunal in the event of a future claim. For more information on preparing for the new duty, please read our recent in-depth article.
EHRC consultation
The Equality and Human Rights Commission (EHRC) has now launched a short consultation on proposed updates to its technical guidance on sexual harassment and harassment at work. The consultation closes on 6 August, following which the EHRC will publish updated technical guidance in September.
Will Labour go further?
The King's Speech has now taken place. It contained no mention of any immediate plans to reform the law on workplace sexual harassment. However, Labour has previously indicated that it would strengthen the law in this area, including in respect of protecting workers from harassment by third parties. Whilst further changes may not happen overnight, we will continue to report on future developments in this area.
Explore our staff eLearning on Anti-Harassment and Bullying in the Workplace to help create a safe working environment.