Preventing sexual harassment: Equality and Human Rights Commission guidance consultation

On 9 July 2024 the Equality and Human Rights Commission (EHRC) published the draft amended guidance to assist employers prepare for the new duty to take reasonable steps to prevent sexual harassment in the workplace.

On 26 October 2024 the new Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force. The Act introduces a new positive legal obligation on employers to take reasonable steps to protect their workers from sexual harassment. If an employer breaches the preventative duty, the EHRC will have the power to take enforcement action against the employer. Employment tribunals will also have the power to increase compensation for sexual harassment by up to 25%.

A notable focus in the guidance, despite the late amendments to the Act which removed the employer’s liability for third-party harassment, is on the requirement to take reasonable pro-active steps to prevent staff being sexually harassed by third parties, i.e. not just by colleagues.

In order to comply with the necessity to take reasonable steps to prevent sexual harassment in the workplace, employers will need to first consider what the risks are of such harassment taking place during the course of employment and then look at what steps can be taken to reduce those risks, in turn preventing sexual harassment from taking place.

When determining the reasonable steps required, employers may wish to consider the size of their organisation, the nature of the workplace, the risks that may present themselves in the workplace and the type of third parties’ that employees may engage with.

In relation to enforcement, the employer may not face a claim from the employee harassed by a third party, but it could be subject to enforcement action by the EHRC.

If you are unsure of the extent to which the Worker Protection (Amendment of Equality Act 2010) Act 2023 will impact on your business, and whether you are taking the reasonable steps required to prevent sexual harassment, then our DEI audit can help. The audit will provide employers with a one-stop shop to assess your ability to prevent discrimination and harassment, benchmark policies and processes, assess progress on DEI and create an inclusive culture. Find out more about the audit here.