UK – New duty to prevent sexual harassment in the workplace

What’s new?

A new duty to prevent sexual harassment in the workplace is set to come into force on 26 October 2024. This duty places a proactive obligation on employers to take reasonable steps to prevent sexual harassment, not just by co-workers, but also by third parties such as clients, contractors and suppliers.

What is ‘reasonable’ will depend, partly, on an employer’s size and resources, and the nature of the workplace. Failure to take active measures could result in increased (up to a 25% uplift) compensation for a sexual harassment claim and/or direct enforcement action by the Equalities and Human Rights Commission.

What should employers do now?

Employers should consider how to demonstrate harassment prevention ahead of the new legislation coming into force. The Employment Team at Mishcon de Reya has developed comprehensive training solutions to support employers in preparing for and complying with the new duty. For further information, please click here, or get in touch with your usual MDR ONE contact.

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