Sexual Harassment: Will new legislation require a more proactive approach by employers?

Matt’s Employment Law and HR Update

A Private Members Bill is currently working its way through Parliament that could require all employers to take proactive steps to eliminate sexual harassment in the workplace. The Bill (the Worker Protection (Amendment of Equality Act 2010) Bill) will require (if passed) employers to take all reasonable steps to prevent sexual harassment.
This is a marked step forward in discrimination legislation. Currently, employers only need to show that they have taken "all reasonable steps" if they defend a claim in a tribunal. In the absence of that, employers can do....well, nothing....if they choose to.
Enforcement is likely to be by the Equality and Human Rights Commission and further failure to comply with this requirement will also lead to an increase in compensation at tribunal by up to 25% - in the same way that is currently the case with the ACAS Code of Practice for unfair dismissal cases.
The legislation is also looking to reintroduce third party harassment - but only 1 "strike" will be required this time, instead of the 3 that were required when the first attempt was made at this in 2010.
The Bill has the final reading in the House of Commons on 3 February 2023 and will then move to the Lords. Very importantly, it has the backing of the government.

This episode is not intended to provide legal advice. Rather, it is intended to provide general guidance on the topic discussed.
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