A new duty on employers has been imposed under the Workers Protection (amendment of Equality Act 2010) Act 2023. This act introduces a new positive obligation on employers to take reasonable steps to prevent sexual harassment where the unwanted conduct is of a sexual nature. A failure to do so can result in an uplift of up to 25% on all uncapped compensation awards. This came into force from October 2024. If sexual harassment of any kind is carried out by a member of staff, the employer could be liable where no action is taken to stop it.
We have prepared an advice note on this which can be found in our Advice Library, and while not being a definitive procedure agreement, it recommends the best actions to be adopted for employers to alleviate the impact of any sexual harassment claim.
Read the guidance here.