Upcoming change to the law on sexual harassment in the workplace

The new Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force on 26 October 2024.

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This Act will bring in a new positive legal obligation on employers for them to take reasonable steps to protect their workers from sexual harassment.

The Equality and Human Rights Commission (EHRC) has powers to take enforcement action where an employer fails to meet its duties under the act. Employment tribunals will also be given powers to be able to increase compensation for sexual harassment by up to 25%.

To help employers understand their obligations and comply with the new requirements, the EHRC have updated their guidance to include information on the new preventative duty.

They have also opened a consultation to make sure that the new section is clear and helpful. This consultation closes on 6 August 2024.

To review the new guidance in entirety including the new section, see: https://www.equalityhumanrights.com/equality/equality-act-2010/sexual-harassment-and-harassment-work-technical-guidance-0

To participate in the consultation, see: https://www.smartsurvey.co.uk/s/QCKP8E/