UK: New Sexual Harassment Duty – Updated Guidance
Authors: Corinna Harris and Stephen Miller
On 26 October 2024 the new duty to take reasonable steps to prevent sexual harassment in the workplace will come into force. To help employers comply with this new duty, the EHRC has published its final updated technical guidance, following a consultation earlier in the summer.
The updated guidance makes it clear that:
- Employers are unlikely to be able to show they have complied with the duty if they have not carried out a risk assessment
- Workers cannot bring a stand-alone claim for third party harassment
It also contains more detail on what constitutes ‘reasonable steps’, with new examples of reasonable steps employers can take to eliminate harassment in the workplace.
In addition, the guidance has a new Employer 8-step guide: Preventing sexual harassment at work.
Key Action Points for Human Resources and In-House Counsel
Employers should now take steps to ensure compliance with the new duty, and to foster an inclusive and positive workplace culture. This involves undertaking a comprehensive review of current policies and procedures, training and workplace culture and implementing practical measures to help adopt a proactive stance against sexual harassment and other negative workplace behaviours. Agile policies and procedures are needed to address and demonstrate compliance in this area at both an individual level (for managers) and at company level.
See our detailed article on what the final EHRC guidance means in practice and a 4-step action plan on how employers should prepare for the new duty.
