On 9 July 2024, the EHRC launched a consultation on proposed amendments to its guidance on preventing workplace sexual harassment.
In January 2020 the EHRC issued technical guidance on sexual harassment and harassment at work. The EHRC has now updated this guidance to include information on the new preventative duty which is due to come into force in October.
The new Worker Protection (Amendment of Equality Act 2010) Act 2023 is due to come into force on 26 October 2024 and introduces a new positive legal obligation on employers to take reasonable steps to protect their workers from sexual harassment. If an employer breaches the preventative duty, EHRC will have the power to take enforcement action against the employer. Employment tribunals will also have the power to increase compensation for sexual harassment by up to 25%.
The EHRC are now consulting to make sure that this new section of the guidance is clear and helpful. One interesting point is the reference to third party harassment. The extension of liability for harassment to acts of third parties was removed from the original Act when it made its way through the House of Lords. However, the EHRC guidance indicates that the new preventative duty will apply to actions in relation to both employees and third parties. This would accord with what the Labour Party set out in its manifesto albeit we have not yet seen how they intend to change the law.
The consultation is only open for a short time – it closes on 6th August 2024.
The consultation document can be accessed here.
What does this mean for employers?
We intend to make our own submission in response to the consultation and if you would like us to include your views (on an anonymous basis) please contact your usual DACB contact or Joanne Bell. It will be important to review the new legal protections when they are published in a final form and amend any policies, contractual documents and processes. Once we know the precise detail of the changes we will cover this in future alerts.
