UK: EDI & Workplace Culture: Sexual Harassment Updated Guidance Published

Authors: Frances Ross, Ruth Bonino, Corinna Harris, and Sophie Jackson

Breach of the new duty may result in an increase of up to 25% to the compensation awarded for sexual harassment by Employment Tribunals.  The Equality and Human Rights Commission (ECHR) also has the power to take enforcement action against employers who breach of the duty.

The EHRC has now launched a consultation seeking comments on updates to its existing technical guidance which aims to help employers understand their obligations.

Significantly, the updates to the guidance make multiple references to harassment by third parties. Whilst there is no direct legal protection for employees against harassment by third parties, as this was dropped from the final legislation, the guidance indicates that the new duty will require employers to take reasonable steps to prevent sexual harassment by both their own workers and third parties.

The guidance also indicates that the EHRC will use its enforcement powers if it finds that an employer is failing to protect its employees from sexual harassment by third parties.

Practical point

Employers need to take proactive steps to prepare for this new duty.  Preparations should not be limited to simply repeating previous staff training – the new duty to be proactive goes further than this and requires step change.  We can provide bespoke advice tailored to your organisation’s needs.  Click here for more information on how we can help.

For further details about this new duty, please read our in-depth update.