EHRC updates technical guidance on sexual harassment

Background

The EHRC technical guidance was subject to consultation over the summer, in preparation for the new Preventative Duty which comes into effect on 26 October 2024. The technical guidance is intended to help employers understand their legal obligations in relation to harassment and victimisation, including the steps they should take to prevent harassment and victimisation at work.

The updated version of the technical guidance now specifically addresses the scope of the Preventative Duty and how employers can comply with their legal obligations. It stresses the importance of carrying out risk assessments and producing action plans in order to anticipate and minimise the risks of harassment by employees and third parties.

The guidance offers practical examples of reasonable steps employers can take, such as updating anti-harassment policies, providing training, and setting up effective reporting mechanisms.

The EHRC emphasises that compliance with this duty is ongoing. Employers must regularly review the effectiveness of their policies and actions to ensure they continue to meet the required standards of prevention.

The guidance also explains the consequences for failing to comply, including enforcement actions by the EHRC and potential increases in compensation awards. For example, if an employer breaches this duty, an employment tribunal could increase compensation by up to 25% if sexual harassment occurs.

In addition to the updated technical guidance, the EHRC has also published an accompanying 8-step guide to preventing sexual harassment at work. The eight practical steps contained in the guide are intended to illustrate the types of action employer can take to comply with the Preventative Duty. The suggested steps (which are not intended to be an exhaustive list) are:

1. Develop an effective anti-harassment policy
2. Engage your staff
3. Assess and take steps to reduce risk in your workplace
4. Reporting
5. Training
6. What to do when a harassment complaint is made
7. Dealing with harassment by third parties
8. Monitor and evaluate your actions

Learning points for employers

The draft updated guidance which was consulted on over the summer did not expressly refer to the importance of carrying out risk assessments. This is a new addition to the final updated version and we consider that effective risk assessments and action plans will be key for employers in demonstrating compliance with the new Preventative Duty.

If your organisation is considering a workplace culture audit in light of the new Preventative Duty, now is the time to act. A proactive audit will help identify potential risks and protects both employees and the organisation. Please do get in touch in order to explore how our audit tool can help you meet this new duty and foster a safer, more supportive workplace.

For more information or advice, please contact Jessica Scott-Dye in our Employment team on 0117 314 5652, or complete the form below.