What’s changing, and when?
From 26 October 2024, employers must take ‘reasonable steps’ to prevent sexual harassment against staff.
Sexual harassment is defined as 'unwanted conduct of a sexual nature'. This could include verbal or written harassment, as well as physical harassment, such as touching.
If an employer breaches this preventive duty:
- The Equality and Human Rights Commission (EHRC) can take enforcement action against the employer
- An employment tribunal could order the employer to pay additional compensation ('compensation uplift') to the affected member of staff, of up to 25%
This is set out in the Worker Protection (Amendment of Equality Act 2010) Act 2023 (coming into force on 26 October 2024) and the EHRC’s new technical guidance on preventing sexual harassment at work.
Even though the duty to take these steps is placed on employers (likely to be your local authority (LA), trust or proprietor),
