The new duty to prevent sexual harassment

This new Act (or rather new s40A of the Equality Act 2010) will come into force exactly one year after it received Royal Assent, in other words it will be in force on 26 October 2024.

The Act creates the new duty to prevent harassment  – as opposed to just a remedy for those who suffer it .  However it focusses solely on sexual harassment and not generally on harassment for any other protected characteristic.

This what the Act says:

An Employer (A) must take reasonable steps to prevent sexual harassment of employees of A in the course of their employment.

Employers have until 26 October 2024 to put the appropriate measures in place to demonstrate that they have taken "reasonable steps to prevent sexual harassment".  If no steps are taken (or some steps but a Tribunal doesn't consider them "reasonable") the employer will still be liable and there could be a significant uplift in damages awarded.  To reduce the risk, companies should be considering now what steps they could take to prevent sexual harassment that are likely to be deemed as reasonable.

If you would like support with risk assessments, drafting new policies, or training in your organisation, please contact our team on 01342 347063 or email us via hello@starfordlegalhr.com