Will The New Employer Duty to Prevent Sexual Harassment Lead to a Rise in Claims?

  • Posted

Employers now have a legal duty to take reasonable steps to prevent sexual harassment in the workplace. There is some evidence to suggest that this is already leading to an increase in claims, so employers must make sure they understand this key change to UK employment law and their responsibilities.

In this article, we cover what the new duty to prevent sexual harassment is, what employers need to do about it, how this duty could be further strengthened by upcoming legislation, why this duty could put employers at increased risk and how our employment law experts can help.

Need advice on the employer duty to prevent sexual harassment or support with a claim? Please contact Miranda Mulligan who will be happy to advise.

Key points to know about changes to UK workplace sexual harassment law

  • As of 26 October 2024, employers have a legal duty to take “reasonable steps” to prevent sexual harassment in the workplace
  • This duty was introduced by the Worker Protection (Amendment to Equality Act 2010) Act 2023
  • Employers must act proactively to prevent sexual harassment and respond promptly and appropriately if sexual harassment is reported to prevent further instances
  • Whilst employees cannot bring a standalone claim against their employer for breach of the duty, if an employee brings a claim and this is successful, then the employer will need to show that it complied with the duty or the employee can seek further compensation
  • If an employment tribunal determines that the duty was breached, it can award an increase of up to 25% in the compensation granted to claimants in sexual harassment cases
  • Employers’ duty to prevent sexual harassment will be strengthened under the proposed terms of the Employment Rights Bill currently going through Parliament as detailed below
  • Employers should act now by taking steps to comply with duty by carrying out risk assessment and outing appropriate policies in place to address the risk of sexual harassment

What is the duty to prevent sexual harassment in the workplace?

Since 26 October 2024, UK employers have had a legal duty to take reasonable steps to prevent sexual harassment in the workplace. This duty was introduced by the Worker Protection (Amendment to Equality Act 2010) Act 2023.

This duty covers all forms of sexual harassment and covers a wide range of behaviours. Employers are required to take appropriate action to minimise the risk of sexual harassment and, if sexual harassment is reported, they must take suitable measures to prevent it from happening again.

Employees cannot bring a claim against an employer solely for breach of the duty, but if it is found by an employment tribunal that an employer did breach their duty to prevent sexual harassment, then any compensation awarded to the claimant can be increased by up to 25%.

What do employers need to do about the new duty to prevent sexual harassment in the workplace?

Employers must make sure they understand their responsibilities  and take appropriate steps to meet their legal duty.

The Equality and Human Rights Commission has provided guidance on what these steps should involve in their Employer 8-step guide: Preventing sexual harassment at work. These steps include having an effective anti-harassment policy, providing training for employees, carrying out risk assessments, putting in place a reporting system and acting immediately if a complaint is made.

How the Employment Rights Bill could strengthen employers’ duty to prevent sexual harassment

Employers’ duty to prevent sexual harassment will be even stricter under the proposed terms of the Employment Rights Bill which is currently making its way through Parliament. Currently, employers are required to take “reasonable steps” to prevent sexual harassment in the workplace but the new Bill would amend this to require “all reasonable steps” be taken. This will be a more onerous duty on employers.

The Bill also contains provision for regulations to specify exactly what steps will be required to meet the “reasonable steps” test. Additionally, it makes explicit that whistle blowers should be legally protected in relation to disclosures about workplace sexual harassment.

Will employers see an increase in sexual harassment claims?

There has already been an increase in the number of sexual harassment claims since the employers’ duty was introduced, according to recent research. Additionally, in 2024, Acas received more than twice as many enquiries related to sexual harassment as it did in 2023.

The reasons for these increases are not immediately clear because, as noted above, the breach of the duty to prevent sexual harassment cannot result in a standalone claim. However, it may be that these increases reflect growing awareness of employers’ liability in this area. It may also be that people who feel they have experienced sexual harassment have been emboldened by the change in the law so are more likely to bring a claim.

Whether employers actually experience more claims or not in the long term is yet to be seen. However, there is clearly a risk of higher awards for claimants and the possibility of serious reputational damage if an employer is found to have failed in their duty to prevent sexual harassment. Employers would, therefore, be wise to make sure they are doing everything they should to meet their employment law responsibilities.

How Longmores can help with employers’ duty to prevent sexual harassment

At Longmores, we regularly advise employers and senior employees on legal obligations and claims related to sexual harassment as well as a wide range of other matters. We can help to create effective policies and procedures to help employers to achieve legal compliance with the new duty to prevent sexual harassment. Our experts can also step in where there is potential for a claim or a claim has already been raised.

For expert advice on the employer duty to prevent sexual harassment or support with a claim, please contact Miranda Mulligan who will be happy to advise.

Please note, the contents of this blog are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.