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Sexual Harassment in the Workplace

by | Oct 28, 2024 | News, Blog

On 26 October 2024, The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into effect, introducing a new proactive duty on employers in relation to sexual harassment of employees in the workplace.

The Worker Protection (Amendment of Equality Act 2010) Act 2023 (“the Act”) extended the duties of employers, who must take ‘reasonable steps’ to prevent sexual harassment of their employees in the course of their employment, including sexual harassment by third parties. It does not extend to harassment related to a protected characteristic (including sex) nor less favourable treatment for rejecting or submitting to unwanted conduct. Nevertheless, employers should take steps to prevent all types of harassment in the workplace.

What happens if employers don’t take measures to prevent sexual harassment?

Where an employer breaches this duty and fails to take ‘reasonable steps’ to prevent sexual harassment, an employment tribunal may award an increase in compensation of up to 25% for any successful tribunal claim, although employees will not be able to bring a standalone claim for a breach of this duty and it must be part of an existing claim for sexual harassment.      

Furthermore, the Equality and Human Rights Commission can take enforcement action against an employer where they do not comply with this preventative duty. This may include:

  • investigating an employer.
  • issuing an unlawful act notice.
  • entering into an agreement to prevent unlawful acts in the future.  
  • applying to the court for an injunction to restrain an employer from committing an unlawful act.  

Following the recent publication of the Government’s Employment Rights Bill (“the Bill”), the Government are proposing to change this duty so that employers will need to take ‘all reasonable steps’ to prevent sexual harassment of their employees in the course of their employment. The Bill also seeks to impose liability on employers where they fail to take ‘all reasonable steps’ to prevent harassment of their employees by third parties. Employers will want to ensure they are compliant with this new legislation and for more information or advice on this or any other employment law query, please call our Employment Law Department on 01384 447 770.

Alternatively, you can click here to visit our Employment Law page or fill out an enquiry form below:

Disclaimer

The contents of this blog or any other published by Talbots Law cannot be considered as legal advice. You should take no action without prior consultation with a qualified solicitor or legal professional.

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