Sexual harassment: the new duty and updated EHRC guidance

The Equality and Human Rights Commission (EHRC) has provided updated technical guidance on sexual harassment and harassment at work and has produced an 8 step guide for employers to prevent sexual harassment at work.

Following on from our article in August, the EHRC has provided further technical guidance in advance of the legislation coming into force on 26 October 2024.

As previously set out, an employer must take reasonable steps to ensure that sexual harassment does not arise during the course of employment.

The duty includes a requirement on employers to take reasonable steps to prevent sexual harassment of their workers by third parties as well as other employees or workers.  This includes customers, clients, service users, patients and members of the public.

EHRC 8 step guide

The EHRC 8 step guide sets out details on the following:

1. how to develop an effective anti-harassment policy
2. engaging your staff
3. assessing and taking steps to reduce risk in your workplace
4. encouraging the reporting of sexual harassment
5. training for all staff
6. how to deal with a harassment complaint
7. how to deal with harassment by third parties
8. monitoring and evaluating your actions

This emphasises previous guidance that it will be necessary for employers to carry out risk assessments, update sexual harassment policies, provide training for staff and keep records of all steps taken to prevent sexual harassment.

How we can help

If you would like help with updating your policies and procedures, providing training or assistance with sexual harassment claims, please get in touch with the employment team who will be happy to help.