EHRC Technical Guidance

The Worker Protection (Amendment of Equality Act 2010) 2023 (see our summary here) which came into force on 26 October 2024 places a  proactive a duty on employers  to ‘take reasonable steps to prevent sexual harassment’ of employees in the course of their employment (“the Duty”).   

The Act also provides that any compensation awarded for harassment by an employer, involving sexual harassment, may be increased by up to 25% if the employer has failed in its duty to take reasonable steps to prevent harassment.

The Equality and Human Rights Commission (EHRC) has updated its technical guidance to include detailed guidance to employers on the new Duty.  It is well worth the read and provides excellent examples but our key take-aways are;

1. The EHRC is firmly of the view that the Duty applies to preventing sexual harassment from third parties and not just from other employees.  Third parties is potentially very wide and could include;

1. 1. Customers/clients of the employer
   2. Contractors
   3. Suppliers
   4. Patients/service users
   5. Family/friends of colleagues
   6. Members of the public
2.  It will be very difficult to show you have complied with the duty unless you have carried out a full work place risk assessment.  The EHRC guidance provides an excellent section on carrying out a risk assessment.
3.  Likely areas of risk (where sexual harassment might be more prevalent) are:
   • • Power imbalances
     • Job insecurity
     • Lone or night working
     • Presence of alcohol