EHCR launches consultation on draft guidance on the prevention of sexual harassment
As we have reported previously, the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the Act) will come into force on 26 October 2024. The Act introduces a new and additional duty on employers to take reasonable steps to prevent sexual harassment of their employees in the course of employment.
The Equality and Human Rights Commission (EHRC) has now launched a consultation on draft guidance on the duty to prevent sexual harassment in the workplace.
The draft guidance
The draft guidance specifies that employers should anticipate scenarios in which employees may be subject to sexual harassment in employment and take reasonable steps to prevent it. If sexual harassment has taken place, the employer should take steps to prevent it from happening again.
The draft guidance also provides suggestions on reasonable steps that employers can take to prevent sexual harassment and sets out the potential consequences of failing to comply with the duty, including:
- enforcement action by the EHRC
- a new power for employment tribunals to increase compensation by up to 25% where an individual is successful in a claim for sexual harassment and the employer has failed to comply with preventative duty
Whilst the duty to prevent sexual harassment by third parties was removed from the Act as it made its way through the House of Lords, the draft EHRC guidance indicates that the new preventative duty will apply to actions in relation to both employees and third parties.
What will happen next?
The consultation lasts for four weeks and will close on 6 August 2024. The EHRC has stated that the finalised guidance will be added to the existing technical guidance on sexual harassment and harassment at work.
The online consultation survey is available for anyone to take part in and asks a series of multiple choice questions, with a text box for any further comments.
Comment
Employers are advised to review existing practices in relation to the prevention of sexual harassment and determine whether further steps are required in light of the upcoming new duty.
Chapter five of the existing technical guidance provides practical steps employers can take to comply with the preventative duty.

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