• 03 Oct 2024
• •
• 2 min read

Employment Alert – EHRC amended guidance – Sexual Harassment

What’s happening?

The new positive duty on employers to take reasonable steps to prevent sexual harassment in the workplace comes into force on 26 October 2024. In readiness for this, the Equality and Human Rights Commission (EHRC) has updated its technical guidance on preventing workplace sexual harassment.

The amended guidance can be accessed HERE, but some key points are highlighted below:

• An employer is unlikely to be able to comply with the preventative duty unless they carry out a risk assessment.
• The guidance states that the preventative duty is not the same as the reasonable steps defence for harassment, as the former is a ‘separate positive legal duty.’
• The preventative duty only applies to sexual harassment and does not cover harassment related to a protected characteristic, including sex.
• Whether or not an employer has taken reasonable steps to prevent sexual harassment is an objective test and will depend on the circumstances and facts of each situation.
• A worker cannot bring a stand-alone claim in the employment tribunal for third party harassment, but employers will have to take reasonable steps to prevent sexual harassment of third parties.

A brief eight-step guide for employers on preventing sexual harassment at work has been added.

Why is this important?

If an employee succeeds in a claim for sexual harassment, an Employment Tribunal (ET) will consider whether the employer complied with the new duty. If the employer has failed to take “reasonable steps” to prevent sexual harassment, then any compensation awarded for the sexual harassment could be uplifted by 25%.

The EHRC will also have a standalone power to enforce the duty.

What should you do?

Employers should implement the eight-step guide provided by the EHRC, summarised below:

• Develop an effective anti-harassment policy.
• Engage your staff.
• Assess and take steps to reduce risk in your workplace.
• Consider an appropriate reporting system.
• Train your staff.

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