Under the Equality Act 2010, workers are protected from harassment related to age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, as well as sexual harassment.
On 26 October there will be a new positive duty on employers to take reasonable steps to prevent sexual harassment in the workplace. This includes the ability for compensation in sexual harassment claims to be increased. If an employment tribunal finds a worker has been sexually harassed, it must consider whether the preventative duty has been met. If not, employers can be ordered to pay an additional 25% (maximum) compensation.
The Equality and Human Rights Commission (EHRC) has now published guidance which help employers understand their legal responsibilities in relation to this duty - Employer 8-step guide: Preventing sexual harassment at work | EHRC (equalityhumanrights.com).
We recommend reviewing this guidance, carrying out risk assessments and developing your policies and training in-line with this.
Key Points
- There is an 8 step guide for preventing sexual harassment at work
- Risk assessments should be carried out to identify potential risks within the workplace
- Employers should develop and communicate effectively an anti-harassment policy, which includes third party harassment
- Preventative reasonable steps should be taken to prevent sexual harassment of workers by third parties, such as clients and customers
- There should be monitoring in place to evaluate the effectiveness
This page was correct at the time of publication. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.
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