HR Snapshot: Protection from Harassment

Amendments have been made to the Equality Act 2010 to introduce a duty on employers to take ‘reasonable steps' to prevent sexual harassment of their employees. 

 

This means that employers will have a new, proactive duty to prevent sexual harassment in the workplace and this legislation aims to place greater responsibility on employers to make their workplaces safer for all staff. 

 

Where sexual harassment cases reach an employment tribunal, tribunals will have the power to uplift compensation by up to 25%, if an employer is found to have breached this new duty i.e. the tribunal considers that employers have failed to take reasonable steps. 

 

This legislation applies to sexual harassment only and not harassment on grounds of any other protected characteristics. It does not reintroduce provisions under which employers would be liable for the harassment of employers by 3rd parties (customers) during the cause of employment. 

 

It is worth keeping an eye on this particular update as details are still to be revealed as to what ‘reasonable steps’ might be. However, they are likely to include, Anti- Harassment Policy, Adequate Complaints Procedures and Training for all managers and employees.