EHRC Seeks Feedback on New Preventing Sexual Harassment Guide

The Equality and Human Rights Commission has produced guidance on a new preventing sexual harassment guide in the workplace. This is expected to take effect before the Worker Protection Act comes into force in October and the EHRC is currently seeking feedback on its contents.

Below, we discuss what the new Preventing Sexual Harassment Guide currently covers, what amendments are being proposed, and the consultation process for feedback.

If you believe you have faced sexual harassment at work, get in touch with our expert team of employment law specialists at Redmans Solicitors can help. We will handle your case with sensitivity and answer all your questions.

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What Is the New Preventing Sexual Harassment Guide and What Does It Aim to Achieve?

The Worker Protection (Amendment of Equality Act 2010) Act 2023 will take effect on 26 October 2024. This legislation will impose duties on employers to take reasonable steps to prevent sexual harassment in the workplace. In advance of this, the EHRC is looking to release a new Preventing Sexual Harassment Guide.

The aim is to help employers understand their obligations under the new legislation, but first, it is seeking feedback on the guide’s contents.

Employers Should Anticipate Scenarios Instead of Waiting for an Incident to Take Action

The EHRC released previous guidance in January 2020 that offers advice on the Equality Act 2010 and its prohibition on sexual harassment in the workplace. Updates to the guidance cover the new duty on employers to take reasonable steps to prevent such sexual harassment from occurring in the course of employment.

This includes preventative measures that employers might implement to ensure compliance with this duty. For instance, the guide suggests implementing effective complaint procedures and introducing zero-tolerance policies with respect to sexual harassment by both employees and third parties.

The new Preventing Sexual Harassment Guide explains that “Employers should not wait until an incident of sexual harassment has taken place before they take any action” They should pre-empt possible scenarios where sexual harassment could occur and look to prevent it. The guide also explains how this duty extends to preventing further incidents of sexual harassment if one has already occurred.

In addition, the new Preventing Sexual Harassment Guide also outlines possible consequences for failing to comply with the legislation. These include enforcement action by the EHRC and a potential increase in compensation to victims.

Amendments to the New Preventing Sexual Harassment Guide

The new Preventing Sexual Harassment Guide takes the form of an additional section in the existing guidance. The amendments clarify that the new duty imposed on employers applies only to the prevention of sexual harassment in the course of employment. It does not include harassment relating to any other protected characteristic under the Equality Act. It also explains that it is imperative to take reasonable steps to prevent sexual harassment by third parties, such as clients, customers, and suppliers, as well as by other employees.

The amendments to the guidance give examples of the types of steps which employers might take to comply with the preventative duty. These include the creation of new policies, provision of staff training, and implementation of reporting mechanisms. It clarifies that reasonable steps are likely to vary depending on an employer’s size and resources. However, it also confirms that no employer will be exempt from the new duty.

Understandably, the EHRC wishes to publish its new Preventing Sexual Harassment Guide before the legislation comes into force in October. However, there is a significant possibility that further amendments to the guidance will follow. Given the Labour Party’s recent election success and its promises to “strengthen the legal duty for employers to take all reasonable steps to stop sexual harassment before it starts”, further legislative changes may be expected in the near future.

If this is the case, the EHRC will likely wish to further amend its new Preventing Sexual Harassment Guide to reflect any changes made.

EHRC Consultation on the New Preventing Sexual Harassment Guide

The EHRC has launched a consultation on its new Preventing Sexual Harassment Guide. This will provide the opportunity for employers, legal advisors, and trade unions to provide feedback on the existing guidance wording and suggest any amendments before it is published. The consultation period opened on 9 July 2024 and will close on 6 August 2024.

Chairperson of the EHRC, Baroness Kishwer Falkner, explained the purpose of the consultation on the new Preventing Sexual Harassment Guide, emphasising the need to keep staff safe. She further states, “We are seeking views on the clarity of our guidance so that workplaces understand the practical steps they will need to take to comply with the new preventative duty.”

If you are ready to talk about your sexual harassment in the workplace case, our employment law experts would be keen to help. Contact Redmans Solicitors’ compassionate team today to arrange a free, confidential consultation.

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