The Employment Rights Bill plans to require employers take ALL reasonable steps to prevent sexual harassment. This further extends the new proactive duty that came into force in October last year.
A reminder of the current position
From October 2024, all employers have been required to take reasonable steps to prevent sexual harassment at work (and evidence those steps). Failure to do so means tribunals have the power to apply an uplift of up to 25% on any compensation awarded in successful claims.
What the change means
This new requirement will mean employers must take all reasonable steps to prevent sexual harassment at work, including harassment from third parties (such as customers or clients). More detail will be provided on these additional duties.
We don’t yet have the detail on what will constitute ‘all’ reasonable steps, but we expect guidance will be provided. In the meantime, a recent employment tribunal decision provides some help – click here for more detail.
Practical steps
What can you do to ensure you’re best placed to adopt the new requirement when it becomes law:
Zero-tolerance – set a clear, consistent stance on sexual harassment. Inaction can lead to costly tribunal claims. Policies and training are essential, but so is empowering managers to take firm, consistent action. You’ll find our policy and documents on Intelligent Employment and you can book a demo of our eLearning here.
Policies – bullying, harassment, and inclusion policies must be current, visible, and enforced. Tribunals call out “paper commitments” that aren’t followed through. Make sure policies explain how to raise concerns and what happens next. Need a review? Click here.
Training – tribunals won’t accept “tick-box” or outdated training. Keep learning relevant, engaging, and refreshed annually – for all levels. Our eLearning does just that. Book a demo or ask us to review your current training.
Risk assessments – identify where harassment could happen, who might be affected (think broadly), what’s already in place, and how to avoid risk. Keep it under review. Access ours on Intelligent Employment.
Get in touch if you’d like to chat with about anything we’ve covered in this update.
This update is accurate on the date it was published but may be subject to change which may or may not be notified to you. This update is not to be taken as advice and you should seek advice if anything contained within affects you or your business.
