These provide that:
Given that compensation awards for harassment claims are uncapped, there could be a high cost of failing to comply with the new duty. The Equality and Human Rights Commission (EHRC) will also be able to take direct enforcement action against employers who breach the duty.
Universities are likely to have a tried-and-tested approach to dealing with workplace sexual harassment. This commonly involves staff training, the maintenance of up-to-date policy documentation and an approach to ensuring issues are dealt with robustly when they arise. However, from October 2024, universities may need to go further to protect themselves from the risk of increased employment tribunal compensation awards in sexual harassment claims. In many cases, the existing approach to the management of workplace sexual harassment will not be sufficient to comply with the preventative duty.
Determining what constitutes 'reasonable steps' for an employer depends on individual circumstances. Factors such as the employer's size, the sector in which it operates and the way it identifies and manages risks are all likely to be material. Universities will have a wider focus on preventing sexual misconduct on campus (and, in particular, preparing to comply with condition E6, the Office for Students' general ongoing condition of registration on issues of harassment and sexual misconduct relating to students which comes into force on 1 August 2025). The importance of this issue in the Higher Education sector, together with universities' relatively large size compared to employers in other sectors, may well be factors that employment tribunals take into account when determining what constitutes reasonable steps.
In order to pursue a university for breach of the preventative duty, an employee will need to bring a successful harassment claim under the EqA. The tribunal may apply the compensation uplift at an appropriate percentage to reflect the extent to which the employer has breached the duty.
On 26 September 2024, the EHRC published updated technical guidance, together with an eight-step guide for employers on preventing sexual harassment at work. The guide confirms that the eight steps identified are not an exhaustive list but implementing them should help an employer take positive action to prevent and deal with sexual harassment in the workplace.
The eight steps are:
In some respects, universities may be in a better position than employers in other sectors to demonstrate compliance with the EHRC's recommended steps. Staff engagement through regular surveys, 1 to 1s and exit interviews are more prevalent in HE than in other sectors. However, it will be important to conduct a thorough review of the recommendations and their implications within your university's particular context.