A new duty came into force on 26 October 2024 requiring UK employers to take reasonable steps to prevent sexual harassment of employees during their employment under the Protection of Workers Act 2023 (amending the Equality Act 2010) .

The new positive duty strengthens existing protections under the Equality Act 2010 and requires employers to take reasonable steps to prevent 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 individual.

Previously, employers were liable for harassment committed by their workers in the course of employment, but would have a defense if they could show they took “all reasonable steps” to prevent the harassment. There is now a positive legal duty on employers to prevent sexual harassment in the first place.

An employer’s duty extends beyond its own workers: Equality and Human Rights Commission (EHRC) technical guidance details how employers now have a duty to take reasonable steps to prevent sexual harassment of employees by third parties.

WHAT STEPS CAN EMPLOYERS TAKE?

Many employers will already have numerous measures in place to ensure they comply with the new obligation. As the obligation comes into force, employers should take this opportunity to reflect, analyze and adapt measures already in place to strengthen their position.

EHRC has updated its technical guidance to provide examples of measures that would be considered reasonable under the new tax. It also offers a eight step plan for employers:

1. Develop an effective anti-harassment policy
2. Hire your staff
3. Assess and take action to reduce risk in the workplace
4. Report
5. The training
6. What to do when a harassment complaint is made
7. Dealing with harassment by third parties
8. Monitor and evaluate your actions

WHAT IS THE IMPACT OF LABOR RIGHTS LAW?

The Employment Rights Bill, introduced in the UK Parliament on 10 October 2024, proposes significant changes to UK employment law. In the context of sexual harassment, the bill goes a step further than the new obligation to prevent sexual harassment by proposing that employers take all reasonable steps to prevent sexual harassment.

The bill proposes to extend employers’ duty to prevent third-party sexual harassment by suggesting that an employer will be deemed to allow a third party to harass its employees if the harassment occurs and the employer has not taken all reasonable measures to prevent this.

In addition, the bill states that disclosures related to sexual harassment would constitute “protected disclosures.” This would mean that they are not allowed to be covered by a non-disclosure agreement, and any dismissal for making such a “protected disclosure” would automatically be unfair.

The proposals contained in the Employment Rights Bill are subject to consultation and any changes to the law are not expected to come into force until at least autumn 2026. As a result, employers should take active steps now to ensure that , first, the measures they have in place to comply with the new obligation and, second, to closely monitor the progress of the labor rights bill.

(View source.)