The long awaited EHRC guidance has been published ahead of the new sexual harassment prevention duty coming into force on 26 October 2024.

 

A reminder of how the law is changing

As we outlined last month, a new statutory duty under the Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force on 26 October 2024. This introduces a positive legal obligation for all employers to take reasonable steps to prevent sexual harassment.

 

How does this EHRC guidance help?

The full guidance provides information on how the law works and details the steps employers should take to prevent and respond to sexual harassment at work.

The EHRC eight-step summary of the guidance states that employers should:

  • Develop an effective anti-harassment policy
  • Engage their staff
  • Assess and take steps to reduce risk in their workplace
  • Report
  • Train
  • Ensure there is a harassment complaint procedure
  • Deal with harassment by third parties
  • Monitor and evaluate actions

It’s important to understand the full guidance but in summary it:

  • reiterates that the duty is designed to “transform workplace cultures” by anticipating scenarios when workers may be subject to sexual harassment in the course of employment and taking action to prevent harassment taking place.
  • makes it clear that “reasonable steps” is an objective test which depends on the facts and circumstances of each situation – it provides examples.
  • makes it clear that an employer is unlikely to be able to comply with the preventative duty unless they carry out a risk assessment.
  • sets out factors that may be relevant to consider when assessing risk including power-imbalances, lone working, working from home, socialising outside of work, social media contact between workers and the workforce demographic.
  • details factors that may increase the risk of sexual harassment.
  • makes it clear that a worker cannot bring a stand-alone claim in the employment tribunal for third party harassment. However, the preventative duty does require employers to take reasonable steps to prevent sexual harassment of workers by third parties, eg clients and customers.

 

How can we help?

Our employment specialists provide expert advice to help employers fully understand and comply with the duty, including help with undertaking risk assessments and providing training at all levels.

Please contact Danielle Oliver, Associate Solicitor on 0161 437 0013 or danielle.oliver@h-f.co.uk

Employment Law