With the Worker Protection (Amendment of Equality Act 2010) Act 2023 set to come into force on 26 October 2024, aimed at reinforcing protection against workplace sexual harassment, the Equality and Human Rights Commission has opened a consultation on proposed amendments to its guidance on preventing workplace sexual harassment. You can access the EHRC consultation here. It closes on 6 August 2024.
The new legislation includes a new positive, anticipatory legal obligation on employers to take reasonable steps to prevent sexual harassment in the course of employment. The guidance has therefore been updated to include information on the new preventative duty to help employers understand their new obligations alongside other ‘minor’ changes to reflect recent case law and the Equality Act 2010 (Amendment Regulations) 2023.
Notably the amended guidance indicates that the new preventative duty will apply to the actions of not only employees, but also third parties, and that the EHRC will use its enforcement powers if it finds that an employer is failing to protect its employees. However, the extension of liability for harassment to acts of third parties was removed from the legislation, such that employees would not appear to be able to bring a free-standing employment tribunal claim for sexual harassment by third parties.
Further detail in relation to the Worker Protection (Amendment of Equality Act 2010) Act 2023 and the reinforced protection against sexual harassment can be found here.
Author: Shelley Morgan, Associate Director
