Summary:?EHRC publishes amended technical guidance following consultation.
The new positive duty on employers to take reasonable steps to prevent sexual harassment in the workplace comes into force on 26?October 2024. In light of the new duty, the Equality and Human Rights Commission recently conducted a consultation on proposed amendments to its technical guidance on preventing workplace sexual harassment.
The amended guidance, taking on board comments made during the consultation, has now been published and can be accessed?here.
- The guidance makes it clear that an employer is unlikely to be able to comply with the preventative duty unless they carry out a risk assessment.
- A brief eight-step guide for employers on preventing sexual harassment at work has been added, summarising the detail found in the guidance itself.?
- It had been a matter for debate whether the new preventative duty was the same as the reasonable steps defence for harassment. The updated guidance states that it is different – being a “separate positive legal duty that requires employers to take reasonable steps to prevent sexual harassment of their workers”. Exactly how it is different is, unhelpfully, not specified.
- The preventative duty only applies to sexual harassment. It does not cover harassment related to a protected characteristic (including sex), nor does it apply to less favourable treatment for rejecting or submitting to unwanted conduct.?
- Whether or not an employer has taken reasonable steps to prevent sexual harassment is an objective?test, and will depend on the facts and circumstances of each situation.??
- A worker cannot bring a stand-alone claim in the employment tribunal for third party harassment. However, the guidance makes it clear that the preventative duty does extend to requiring employers to take reasonable steps to prevent sexual harassment of workers by third parties, such as clients and customers.?
For more information about defending harassment claims, click?here.
