The law on preventing sexual harassment in the workplace is changing.
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 Equality and Human Rights Commission (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%.
The EHRC have updated this guidance to include information on the new preventative duty so that employers understand their new obligations under equality law and have also made minor changes to the rest of the guidance, for example updating it so that it reflects relevant recent case law and the recent Equality Act 2010 (Amendment Regulations) 2023.
The EHRC are now consulting to make sure that this new section of the guidance is clear and helpful. The current guidance can be found here: Sexual harassment and harassment at work technical guidance.
The consultation closes on Tuesday 6 August 2024: Consultation: Technical Guidance on Sexual Harassment and Harassment at Work (new section) (smartsurvey.co.uk)