UK: EHRC updates technical guidance on sexual behavior
in short The new obligation on employers to take reasonable steps to prevent sexual harassment by employees will come into effect on 26 October 2024. Following a summer consultation, the Equality and Human Rights Commission (EHRC) has published eight-step guidance on preventing sexual harassment. Workplace Harassment Issues and Further Updates to Technical Guidance on Sexual Harassment and Workplace Harassment In the words of the EHRC, the new duty "aims to change workplace culture by requiring employers to take proactive and reasonable steps to prevent workers from sexual harassment". It will sit alongside existing safeguards but require employers to take a more proactive approach to identifying and addressing risks. The guidance makes clear that an employer's duty to prevent sexual harassment covers harassment by third parties and their employees. Strictly speaking, an employee cannot bring an independent claim to an employment tribunal for third party harassment unless the employer's failure to act is itself discriminatory. However, the guidance indicates that the…
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