The Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force on 26 October 2024, under which 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%
Also relevant (unless the UK leaves the EHCR) is Sexual harassment and harassment at work: technical guidance, as described on the Equality Commission’s website.
The Key provides a useful summary of what’s included and who is responsible for different aspects.
dsga.org.uk 