The new duty, which supplements employers’ existing duties relating to harassment, requires them to proactively protect workers from sexual harassment – ie unwanted conduct of a sexual nature - in the course of their employment by taking ‘reasonable steps’ to prevent it. Reasonable steps could, for example, include carrying out staff training that goes beyond a tick-box or ‘stale’ approach.
When considering a ‘traditional’ harassment claim the tribunal will be required to consider whether the new duty has been breached as well. If it has, the tribunal can impose an uplift in the compensation payable by the employer, up to a maximum of 25 per cent.
The new law only applies to sexual harassment – it does not extend to other forms of harassment
The new duty comes into effect in October 2024. It is expected that a new statutory code of conduct from the Equality and Human Rights Commission will provide valuable guidance on the new duty.
Operative date
- October 2024
Recommendation
- Employers should ensure they take ‘reasonable steps’ to comply with the new duty, and take advice if in doubt about what they need to do.
This article from Atom Content Marketing is for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.
Copyright © Atom Content Marketing
ICAEW Business Advice Service
Grow your business with trusted business advice. We connect entrepreneurs, start-ups, and SMEs with ICAEW regulated accountancy firms who will provide a free initial consultation without obligation.
About Legal Alert
Legal Alert is a monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.