Everyone has a right to feel safe and supported at work. Yet sexual harassment continues to be widespread and is often under-reported. It can damage people’s careers, as well as their mental and physical health.

Until now, there has been no proactive legal obligation on employers to take steps to prevent sexual harassment in the workplace.

Following consultation, the new Worker Protection (Amendment of Equality Act 2010) Act introduces a new legal duty on employers to take reasonable steps to prevent sexual harassment of their workers (the ‘preventative duty’). 

The change takes effect from 26 October 2024.

Guidance for employers

Britain’s equality watchdog, the Equality and Human Rights Commission (EHRC), has published updated guidance to help employers prevent sexual harassment in the workplace and meet the new legal obligations. 

Recommended actions include:

Compensation 
The Act 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, the employer can be ordered to pay an additional 25% (maximum) compensation.

Also, EHRC will have the power to take enforcement action where there is evidence of organisations that fail to take reasonable steps to prevent sexual harassment, even if no incident of sexual harassment has taken place.

What this means to you

Baroness Kishwer Falkner, Chairwoman of EHRC, said: “We will be monitoring compliance with the new duty and will not hesitate to take enforcement action where necessary.”

If you are an employer, you must be proactive in assessing risk, identifying action and regularly reviewing your processes.

If you are an employee, and you’ve been harassed at work by a boss, colleague or third-party such as a supplier or customer, you may be able to make a claim against your employer, and win compensation.

For more information, please contact Harrisons HR.