New Duty to Prevent Sexual Harassment for UK Employers Now in Effect

A new duty came into force on 26 October 2024 requiring UK employers to take reasonable steps to prevent sexual harassment of employees in the course of their employment under the Worker Protection (Amendment of Equality Act 2010) Act 2023.

The new positive duty strengthens existing protections under the Equality Act 2010 and requires employers to take reasonable steps to prevent unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. 

Previously, employers were liable for harassment committed by their workers in the course of employment but would have a defence if they could show that they took “all reasonable steps” to prevent the harassment. Now, there is a positive legal duty for employers to prevent sexual harassment from happening in the first place. 

An employer’s duty extends beyond their own workers: the Equality and Human Rights Commission (EHRC) technical guidance details how employers now have a duty to take reasonable steps to prevent sexual harassment of employees by third parties. 

WHAT STEPS CAN EMPLOYERS TAKE?

Many employers will already have numerous measures in place ensuring that they are compliant with the new duty. As the duty comes into force, employers should use this opportunity to reflect, analyse and adapt measures already in place to strengthen their stance. 

The EHRC has updated its technical guidance to provide examples of what measures would be considered reasonable under the new duty. It also provides an eight-step plan for employers:

1. Develop an effective anti-harassment policy
2. Engage your staff
3. Assess and take steps to reduce risk in your workplace
4. Reporting
5. Training
6. What to do when a harassment complaint is made
7. Dealing with harassment by third parties
8. Monitor and evaluate your actions

WHAT IS THE IMPACT OF THE EMPLOYMENT RIGHTS BILL?

The Employment Rights Bill, introduced to the UK Parliament on 10 October 2024, proposes significant changes to UK employment law. In the context of sexual harassment, the Bill goes one step further than the new duty to prevent sexual harassment, proposing that employers must take all reasonable steps to prevent sexual harassment. 

The Bill proposes extending the duty on employers to prevent sexual harassment by third parties, suggesting that an employer will be considered to permit a third party to harass their employees if the harassment takes place and the employer has not taken all reasonable steps to prevent it from happening. 

Additionally, the Bill provides that sexual harassment–related disclosures would constitute “protected disclosures.” This would mean that they are not permitted to be covered by a nondisclosure agreement, and any dismissal for making such “protected disclosure” would be automatically unfair. 

The proposals set out in the Employment Rights Bill are subject to consultation and any changes in law are not expected to come into force until at least autumn 2026. Accordingly, employers should take active steps now to ensure that, firstly, the measures they have in place comply with the new duty, and secondly that they closely monitor progress of the Employment Rights Bill.