Preventing Sexual Harassment

A new duty on employers to prevent sexual harassment will come info force in October 2024.

Existing laws already prohibit sexual harassment and less favourable treatment of an employee because they have been subjected to conduct of a sexual nature.

The new law goes further than this by requiring employers to take reasonable steps to prevent sexual harassment of employees during the course of their employment. Ahead of the new laws coming into effect employers should draw up an anti-harassment policy and a reporting procedure and ensure that these are clearly communicated to their employees. They must also ensure that these procedures are effectively implemented and monitored and are reviewed regularly. Employers should also give appropriate training and investigate complaints and take disciplinary action where wrongdoing is identified.

Employers who fail to take these steps are running the risk of claims for sexual harassment being brought against them in an Employment Tribunal. The Employment Tribunal could award substantial compensation to the employee and, as well as the financial cost, the reputational cost to the employer could be significant.