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.
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.
For more information on the new duty and how to prepare, please read our recent in-depth article. We also recently published another article about the EHRC's consultation on its updated sexual harassment technical guidance.