The Worker Protection (Amendments of Equality Act 2010) Act 2023 is due to come into force on 26th October 2024. Ahead of this change, the EHRC are consulting on updating their guidance on sexual harassment and harassment at work to help employers understand their new obligations come October 2024.

In this article, we will take you through the changes coming into force later this year and what employers should be aware of and how they can prepare.

What changes can we expect from the Equality and Human Rights Commission (“EHRC”) Guidance?

Here is a summary of the main points:

  • Employers Preventative duty – An employer must now take reasonable steps to prevent sexual harassment in the workplace. This preventative duty is applicable to sexual harassment only and does not cover any harassment related to any other protected characteristic The new legislation will extend to take reasonable steps to protect its employees from being sexually harassed by third parties (e.g. clients and customers).
  • Reasonable steps – The level of reasonable steps will depend on the size, sector, working environment and the resources of the employer. While there is not a set criteria that employers need to meet, there are a plethora of ways in which employers can protect their workers against sexual harassment and no employer is exempt from the new updates. This will include carrying out risk assessments, considering the steps that should be taken to prevent sexual harassment, consider which of those measures are reasonable and implementing those steps.
  • Increased Tribunal Compensation – If a sexual harassment claim has been successful and the employment tribunal has found that the employer has breached their preventative duty, the tribunal can increase the compensation by up to 25% including loss of earnings, injury to feelings and personal injury awards. However, it is important to note that a claim cannot be brought against the breach of preventative duty alone.
  • EHRC Enforcement – As well as a potential claim an employee/worker/consultant can bring against an employer, the EHRC is able to enforce any action against the employer if required. The EHRC have the power to investigate an employer, issue an unlawful act notice, enter a formal agreement to prevent future breaches and ask the court for an injunction against an employer and more.

A detailed breakdown of the updated guidance provided by the Equality and Human Rights Commission can be found here.

How can employers prepare to ensure they are compliant?

There are several ways in which employers can prevent sexual harassment in the workplace and protect their employees from internal harassment and harassment from third parties.

If you do not have the following procedures in place, we would recommend introducing the following steps into your business:

  • Carry out a risk assessment to enable you to consider the potential risks to your staff and implement reasonable measures to protect your employees.
  • Updating your harassment policy.
  • Ensure there is an efficient way for staff members to raise a complaint relating to sexual harassment.
  • Address complaints as soon as they arise
  • Regular, tailored training for employees on appropriate workplace conduct and the Equality Act, including training for management to ensure they know how to deal with sexual harassment complaints.
  • Third-party facing steps like signs that outline what constitutes inappropriate behaviour that will not be tolerated

Whilst it was important that allegations of sexual harassment are dealt with promptly, this additional requirement to prevent it places an additional onus on employers to demonstrate that reasonable steps are taken in an effort to prevent sexual harassment within the workplace. Failure to take reasonable steps to prevent sexual harassment could have serious consequences in the Employment Tribunal.

Employment Law at Backhouse Solicitors

If you are looking for expert employment law advice regarding harassment or sexual harassment in the workplace, or are seeking advice regarding the Equality Act, the experts at Backhouse are here to help. Get in touch with the team today and book your free 30-minute consultation.

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