UK: Employers should be aware of the third scenario
UK: Employers should be aware of the third scenario

in short The Employment Rights Bill (ERB) imposes a new requirement on employers to protect employees from harassment by third parties during the employment process. Once in effect, the requirement will apply to harassment based on any protected characteristic, not just sexual harassment. This is a broad obligation as the employer must take all reasonable steps, not just reasonable steps. Nothing in the ERB changes the immediate scope or extent of employers' new obligation to take reasonable steps to prevent sexual harassment, which will come into effect on October 26, 2024. The obligation will be enforced by the EHRC, which has said it will also consider sexual harassment by third parties. However, the ERB will extend this obligation to require employers to take all reasonable steps to prevent sexual harassment. The regulation is not expected to take effect until 2026. Additionally, the ERB will establish a new protection against third-party harassment that will apply to all Types of Harassment. The…