Employment Law Update August 2024

The Duty To Prevent Sexual Harassment In The Workplace

As previously reported, as of October 2024, every employer will have a legal duty to actively prevent sexual harassment at work. Given that:

• if the employer is shown to do nothing to prevent harassment, it’s liable, and the tribunal can bump up any compensation by up to 25%, or
• If the employer takes some reasonable steps to prevent harassment (e.g. has a anti-harassment policy), it’s still liable but no uplift will be applied to the compensation awarded.

Conversely, if the employer takes all reasonable steps, any claim would fail. Reasonable steps include:

1. Policies – these should clearly set out what constitutes sexual harassment and how it can be reported,
2. Training – this should sit alongside and underpin the policies. In addition to covering what is sexual harassment, the training should also include:

• advice for staff witnessing sexual harassment,
• how complaints can be made, and
• how complaints will be handled.

3. Having a robust process in place for reporting complaints.
4. Carrying out risk assessments.