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New Sexual Harassment Laws: What Employers Need to Know About the Preventative Duty

19 November 2024
New Sexual Harassment Laws: What Employers Need to Know About the Preventative Duty

A recent change in UK employment law has brought important updates about how employers must handle sexual harassment at work. Let’s break down what this means for you as an employer.

What is the Preventative Duty? 

As an employer, you now have a clear legal duty to take steps to prevent sexual harassment in your workplace. This means being proactive, not just responding after problems happen.

Understanding Tribunal Claims Here’s something important to know – employment tribunals can’t look at breaches of the preventative duty on their own. However, there’s a big catch: if someone wins a sexual harassment case against you, and the tribunal finds you didn’t take proper steps to prevent harassment, they can increase the compensation you pay by up to 25%.

The Role of the EHRC The Equality and Human Rights Commission (EHRC) has special powers here. Even if there isn’t a specific harassment case, they can take action if they find you’re not taking proper steps to prevent harassment. They can treat this as an unlawful act.

What Should Employers Do?

  1. Review your anti-harassment policies
  2. Train your staff regularly
  3. Create clear reporting procedures
  4. Take all complaints seriously
  5. Keep good records of the steps you take

Why This Matters

Think of it this way: preventing harassment isn’t just good for your employees – it protects your business too. Getting it wrong could mean:

  • Higher compensation payments
  • Action from the EHRC
  • Damage to your company’s reputation
  • Lower staff morale

Need Help? 

If you’re unsure about your duties or need to update your policies, our employment law team at Davenport Solicitors can help. We’ll make sure you’re taking the right steps to protect both your employees and your business.

Contact us today for expert advice on implementing effective anti-harassment measures.

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