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ARTICLE · 12 NOVEMBER 2024

Sexual Harassment: The New Duty And Updated EHRC Guidance

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The EHRC's updated guidance outlines an 8-step framework for employers to prevent workplace sexual harassment, covering policy development, staff engagement, risk assessment, complaint handling, third-party harassment, and regular monitoring.

United KingdomEmployment and HR

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.

Originally published 1 October 2024

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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