New duty to Prevent Sexual Harassment (The Worker Protection (Amendment of Equality Act 2010) Act 2023)

What is the new duty?

From October 2024, there will be a new duty on employers to take reasonable steps to prevent sexual harassment in the course of employment.

A key difference is that this duty is a preventative duty, so requires proactive consideration by employers of steps to be implemented to protect staff. 

How is sexual harassment defined?

In the Equality Act 2010, sexual harassment is defined as:

'unwanted conduct of a sexual nature and the conduct has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual'

What action could be taken?

A claim for breach of this duty cannot be brought as a standalone claim. However, where an individual is bringing a claim for sexual harassment, an Employment Tribunal can apply a 25% uplift to any overall compensation being awarded. 

The Equality and Human Rights Commission can also investigate breaches of this duty and if appropriate take enforcement action against employers. 

How to comply with the new duty?

Consideration should be given to the following guidance points:

• Employers should demonstrate they have carried out an active review of existing relevant policies and procedures. 

• Conduct an audit to identify measures that are not currently in place, but which should be implemented. For example, regular adequate and appropriate training sessions on sexual harassment. 

• Undertake risk assessments to identify situations, where sexual harassment may take place and take proactive steps to prevent sexual harassment taking place. This risk assessment should include consideration of sexual harassment by an organisation's own staff and by third parties. 

• Review the processes in place for responding to complaints of sexual harassment. Have managers and HR been appropriately trained?

• Consideration of any previous sexual harassment complaints and identifying if additional steps need to be put in place. Have learnings been implemented?

• Setting up a process to review the effectiveness of measures put in place. 

  
  

If you would like support with getting ready for this new duty, get in contact with us today.