The newly published Employment Rights Bill strengthens the new duty on employers to prevent sexual harassment in the workplace coming into force on 26 October 2024.
Employers will already be subject to a new mandatory duty to take “reasonable steps” to prevent sexual harassment in the workplace. If the employer fails to take these reasonable steps, and an employee is successful in a claim for sexual harassment, the employer will be subject to an uplift of up to 25% of the compensation awarded.
The newly published Employment Rights Bill gives further rights to workers, including protection from harassment by third parties on any ground – not just sexual harassment. This further new duty requires employers to take “all reasonable steps” to prevent harassment of its staff by third parties, such as customers, clients and other visitors, during the course of employment. From 26 October, any employer who doesn’t take ‘reasonable steps’ to prevent third party sexual harassment will be subject to an uplift of up to 25% to the compensation awarded.
This means that employers will have to anticipate where such harassment may occur, undertake risk assessments and put in place action plans to protect their workforce, such as updating policies, putting in place reporting channels and complaints procedures as well as training their managers and staff.
The third-party harassment measures included in the Employment Rights Bill put even more importance on complying with the new preventative duty relating to sexual harassment coming into force later this month.
If you would like to discuss the steps your organisation should be taking in relation to the new duty to prevent sexual harassment, or you would like information about our training courses, please contact our Employment Team on 0345 646 0406 or complete an online enquiry form, and a member of the team will be in touch.