From 26 October 2024, employers will have a legal duty to prevent sexual harassment and will need to take active steps to comply with this duty, according to an employment law specialist.

The new duty has been introduced by the Worker Protection (Amendment of Equality Act 2010) 2023. It requires all employers to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment.

Sexual harassment means unwanted conduct of a sexual nature, which has the purpose or effect of violating dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. This includes conduct at training events or work-related social events, by phone or text, in virtual meetings or on social media, and covers harassment committed by staff, customers or other third parties.

Patrick Glencross, Senor Associate in Furley Page’s Employment law team said: “The background to this legislation is a history of under-reporting of sexual harassment complaints by employees, while employers have largely failed to take sufficient preventative measures to properly address reported incidents.

“The new duty requires employers to anticipate scenarios where employees may be subject to sexual harassment and to take preventative action. It is deliberately framed as a proactive duty that is designed to transform workplace cultures.

“No employer will be exempt from the duty to take reasonable steps, although what these steps are will vary according...

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