Here is a look at recent developments in UK employment law:

1. There will be a new proactive duty on employers to “take reasonable steps” to prevent sexual harassment of their employees, effective 26 October 2024.
2. The Employment Appeal Tribunal held that English nationalism is not a protected belief 0under the Equality Act 2010.
3. The Employment Tribunal found that the promotion of a minority ethnic employee without any competitive process was unlawful positive discrimination.

The Recent Developments in More Detail

1. There will be a new proactive duty on employers to “take reasonable steps” to prevent sexual harassment of their employees, effective 26 October 2024.

The Worker Protection (Amendment of Equality Act 2010) Act 2023 (the “Act”) will come into force on 26 October 2024 and will require employers to take proactive steps to prevent their workers from being sexually harassed at work.

Currently, the law provides a defence to a harassment claim if an employer can show that it took all ‘reasonable steps’ to prevent the harassment from happening. While it is currently advisable for employers to take such steps, there is no actual positive requirement to do so.

What’s New?

Under the Act, employers will have a legal obligation to take ‘reasonable steps’ to prevent sexual harassment in the workplace.

The Act does not provide any guidance as on the meaning of ‘reasonable steps’. However, the Equality and Human Rights Commission’s (EHRC) technical guidance on sexual harassment...

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