On 26 October 2024, new sections 40A and 124A of the Equality Act 2010 (EqA 2010) will come into force. These changes will significantly impact how employers must approach sexual harassment prevention.

With the Equality and Human Rights Commission (EHRC) updating its technical guidance on sexual harassment and introducing a new eight-step guide for employers, now is the time to act.

The eight steps identified are not an exhaustive list, but implementing the steps should help an employer take positive action to prevent and deal with sexual harassment in the workplace.

• Developing an effective anti-harassment policy.
• Engaging with staff.
• Assessing and taking steps to reduce workplace risk.
• Reporting.
• Training.
• Handling harassment complaints.
• Dealing with third-party harassment.
• Monitoring and evaluating actions.

It is clear workplace sexual harassment is prevalent and with these new changes, employers will need to ensure they take these preventative measures or risk falling foul of their new legislative requirements.

Recent research highlights the widespread nature of workplace sexual harassment. A BBC study revealed that 40% of women and 18% of men had experienced unwanted sexual harassment, ranging from inappropriate comments to serious assaults. The Fawcett Society’s findings echoed these results, with at least 40% of women reporting sexual harassment. Moreover, marginalized groups, such as women of colour or women with disabilities, face an even higher risk and experience unique forms of harassment.

Further changes and implications

The EHRC will be able to enforce the new duty and employment tribunals will be able to award an uplift of up to 25% to an employee’s discrimination compensation where it finds there has been a breach of the duty (section 124A).

The duty also extends to employers being vicariously liable for not only their own employees but also third parties. An employer’s failure to prevent sexual harassment by third parties from 26 October 2024 could, therefore, amount to a breach of the preventative duty.

The EHRC considers that third parties include many different types of people who could potentially harass an employee, including “customers, clients, service users, patients, friends and family of colleagues, delegates at a conference and members of the public”.

Employers must make proactive measures to create a harassment-free workplace within all aspects of the organisation. If you’re unsure about your obligations or need support, reach out to the MSB employment team for tailored advice and guidance.

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