Sexual harassment: 5 things employers need to know now about their new duty

1. With effect from 26 October 2024 all employers have a new duty to “take reasonable steps” to prevent sexual harassment in the workplace.
    
2. This duty goes beyond the existing obligation to “take all reasonable steps” to prevent sexual harassment which can be deployed in defence to a claim for sexual harassment. It is a positive and stand-alone duty on employers to take pro-active steps which they should prepare for before 26 October 2024 and which would then apply to their businesses day to day.
    
3. The new duty does not create a new standalone claim for liability, but can impact compensation where a claim for sexual harassment is upheld. Failure to comply with the new duty could lead to an uplift of up to 25% in compensation for a claim for sexual harassment (which is uncapped, by law).
    
4. Action employers should be considering or taking now include:

• implementing risk assessments to ensure safeguards are in place to prevent sexual harassment at work
• reviewing and refreshing staff policies applicable to all workers, including anti-harassment policies to reflect the new duty and reiterate reporting obligations
• rolling out training to reflect the changes which are tailored to risk, their current working practices and arrangements e.g. remote/hybrid working or the use of social media and electronic communications.  

5. Contact: please get in touch with Hannah Ford, Kerry Garcia, Lloyd Davey or Andy Williams in our employment team or your usual contact at Stevens & Bolton to discuss how we can support your business in adapting to the changes and achieving compliance.

*Sexual harassment is defined in the Equality Act 2010.