A positive duty for employers to prevent sexual harassment

With effect from 26 October 2024 employers have a positive duty to prevent sexual harassment in the workplace. Here we take a brief look at what this will mean for employers…

•  The legislation will introduce a positive duty on employers to take reasonable steps to prevent sexual harassment of their employees. This duty is anticipatory meaning an employer should not wait for a problem to arise before taking action.
• The duty is a continuing one meaning employers must monitor, review and refresh the steps they take regularly.

• Tribunals will be able to uplift compensation by up to 25% where an employer is found to have breached this duty.

• The Equality and Human Rights Commission have recently published guidance on steps employers will be expected to take. Here at Pannone we have developed a Toolkit to help employers comply with their obligation.

• A key aspect of the new duty will be the need to carry out risk assessments. An employer is unlikely to be able to comply with the duty if it has failed to carry out a risk assessment.

• Employers should take steps to ensure they have up to date policies and procedures.

• Employers must ensure employees receive frequent training on equality, diversity and inclusion.

• Steps should also be taken to encourage employees to raise complaints about harassment and be confident those complaints will be taken seriously.

For more information about how Pannone can support your business through HR Plus – a fixed fee employment law and HR support service – email stephen.mutch@pannonecorporate.com or click here