The new duty to prevent sexual harassment came into force on 26 October 2024, marking a significant change to the law relating to sexual harassment. The new duty requires employers to take proactive steps to protect employees and there are consequences for those that don’t do enough.
So, what exactly is the new duty, and what can HR teams do to comply with it? Michelle Hobbs, Managing Associate at Stevens & Bolton, digs deeper…
What is the new duty?
The duty requires employers to take “reasonable steps” to prevent sexual harassment of their employees in the course of their employment by colleagues and third parties.
Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person.
The duty will extend beyond the workplace to most work-related events such as work-related social or networking events and international trips. Employers must also take steps to prevent sexual harassment by third parties such as customers, suppliers, contractors and consultant members of the public.
What are the risks for employers?
Employees cannot bring a standalone claim for breach of the duty. However, where an employee brings a claim for sexual harassment, the employment tribunal can award an uplift of up to 25% to any compensation awarded for discrimination where it finds that the duty has been breached.
The Equality and Human...
From misinformation around Indian Air Force aircraft crash in Rajasthan’s Churu to false claims of the UAE offering lifetime residency through a Golden Visa for just Dh100,000 for Indian citizens,...