Equalities watchdog consults on updated technical guidance on sexual harassment to reflect new preventative duty on employers

The Equality and Human Rights Commission (EHRC) has launched a consultation on updating its technical guidance on sexual harassment and sexual harassment at work, to take into account the Worker Protection (Amendment of Equality Act 2010) Act 2023.

The 2023 Act, which will come into force on 26 October 2024, introduces a new positive legal obligation on employers to take reasonable steps to protect their workers from sexual harassment.

“If an employer breaches the preventative duty, we (the Equality and Human Rights Commission) will have the power to take enforcement action against the employer. Employment tribunals will also have the power to increase compensation for sexual harassment by up to 25%,” the EHRC said.

In January 2020 the EHRC issued technical guidance on sexual harassment and harassment at work to help employers, workers and their representatives understand how the Equality Act 2010 prohibits harassment at work. Its guidance also provides advice on the types of actions employers can take to prevent and respond to workplace harassment.

The EHRC said: “We have updated this guidance to include information on the new preventative duty so that employers understand their new obligations under equality law.”

The watchdog has also made minor changes to the rest of the guidance, for example updating it so that it reflects relevant recent case law and the recent Equality Act 2010 (Amendment Regulations) 2023.

“We are now consulting to make sure that this new section of the guidance is clear and helpful,” the EHRC said. 

The consultation closes on Tuesday 6 August 2024.