UK EHRC launched a consultation seeking views on updates to its technical guidance on sexual harassment in the workplace, including a new section, and follows change to the law that place duty on employers to prevent sexual harassment at work.
Summary
Updates reflect new duty on employers coming effective Oct. 26, 2024 and changes to Worker Protection (Amendment of Equality Act 2010) Act, passed in Oct. 2023.
Introduces a new duty on employers to take reasonable steps to prevent employee sexual harassment at work, including by third parties (e.g. customers and contractors).
Act strengthens existing legal protections from workplace sexual harassment, which is widespread, often goes unreported, and can be inadequately addressed by employers.
Legislation gives UK EHRC power to take enforcement action where there is evidence of organizations failing to take reasonable steps to prevent sexual harassment.
Consultation seeks views on updates/aims to ensure employers understand obligations.
Effectiveness
Comments are invited until Aug. 6, 2024.
Sep. 2024 Updated Guidance Issued
On Sep. 26, 2024, UK EHRC issued technical guidance for employers on steps they can take to prevent sexual harassment in the workplace and meet new legal obligations.
Update follows change to law made by Worker Protection (Amendment of Equality Act 2010) Act (WP(AEA 2010)A 2023 (UK)), in effect from Oct. 26, 2024 (see #189727).
Act introduces a legal duty on employers to take reasonable steps to prevent sexual harassment of their workers (preventative duty); previously there was no proactive legal obligation on employers to take steps to prevent sexual harassment at work.
Includes ability for compensation to be increased: if an employment tribunal finds a worker has been sexually harassed, must consider whether preventative duty was met.
If not, the employer can be ordered to pay additional 25% (maximum) compensation.
Change in legislation also gives EHRC power to take enforcement action where there is evidence of organizations failing to take reasonable steps to prevent sexual harassment.
Enforcement does not depend on an incident of sexual harassment having taken place.
Also updated short 8-step guide for employers on sexual harassment in the workplace.
