- With effect from 26 October 2024 all employers have a new duty to “take reasonable steps” to prevent sexual harassment in the workplace.
- 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.
- 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).
- 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.
- 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.
Hannah Ford