In recognition of White Ribbon Day, which highlights the crucial need to address violence against women and girls, we are pleased to share an article written by Amy Jefferson, Employment Law Paralegal at MLPLaw, a Charter Member since 2022.

Recent changes to sexual harassment law

The UK has introduced significant changes to its sexual harassment laws, aimed at enhancing protections for employees and ensuring employers take proactive measures to prevent harassment. These changes are encapsulated in the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into force on 26^th October 2024.

This law gives the Tribunal a new power to uplift compensation awarded in successful sexual harassment claims by up to 25%. The uplift applies if the sexual harassment claim is successful and the employer cannot show that it took ‘reasonable steps’ to prevent the sexual harassment from occurring.

This is separate from the ‘all reasonable steps’ defence which employers can use to avoid vicarious liability for harassment committed by their employees towards other employees.

The differing impact of the duty to take ‘reasonable steps’ to prevent discrimination and the ‘all reasonable steps’ defence is explored below:

• If an employer takes no steps to prevent sexual harassment by their employees, they will be liable for their employees’ actions and any compensation awarded will likely be uplifted by a further 25%;

• If an employer takes ‘reasonable’ steps to prevent sexual harassment, but it still occurs, they will be liable for their employee’s actions but would avoid any additional uplift to any compensation awarded; and

• If an employer takes ‘all reasonable steps’ to prevent sexual harassment, but it still occurs, they will avoid liability altogether. 

One of the key aspects of the new law is the anticipatory nature of the duty to prevent sexual harassment. Employers are required to anticipate potential scenarios where their employees might face sexual harassment and take pre-emptive actions to mitigate these risks. This means that employers should not wait for an incident to occur before acting; instead, they must proactively create a safe working environment.

The Equality and Human Rights Commission (EHRC) has outlined practical steps that employers should take to comply with their new obligations. These include developing effective anti-harassment policies, engaging with staff regularly, assessing and mitigating workplace risks, implementing anonymous reporting systems, training staff on recognising and handling sexual harassment, and taking immediate action when complaints are made. Treating harassment by third parties, such as customers and clients, with the same seriousness as harassment by colleagues is also emphasised.

Overall, these changes represent a significant shift in the legal landscape surrounding sexual harassment in the UK, placing a greater onus on employers to create and maintain a safe working environment for all employees.

If you would like to learn more about how modern Employment Law addresses Bullying and Harassment, we invite you to explore additional articles from mlplaw’s Employment Team here.