Opinion

Employers' positive duty to take reasonable steps to prevent sexual harassment - a new era begins

Published Date
Oct 9 2024
As of 26 October 2024, a significant change is set to take place in the realm of workplace equality. Employers will be legally required to take reasonable steps to prevent sexual harassment in the workplace. There is more to this duty than first meets the eye. It is not only about having robust policies and procedures. As an anticipatory duty, employers will need to conduct a risk assessment to identify and mitigate those risks, as well as take measures to assess the effectiveness of any steps taken.

Enforcement measures are twofold. If a worker has brought a successful sexual harassment claim and the employment tribunal finds that the employer is in breach of its duty, they must consider whether, and the extent to which, the employer has failed to comply.  Employment tribunals then can order compensation (which of course is uncapped in discrimination cases) to be uplifted by up to 25%. 

Secondly, the Equality and Human Rights Commission can:

  • Investigate an employer.
  • Obtain an injunction to restrain the employer from committing unlawful acts.
  • Issue a notice confirming that the employer is in breach of the preventative duty and requiring it to prepare an action plan of how it will remedy the breach.
  • Enter into an agreement with the employer to prevent future unlawful acts.

We have produced detailed guidance, and potential steps to take in compliance with this new duty.

 

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