Understanding October's new sexual harassment law
Sarah Furness, Employment Law & HR
It is clear the current law on sexual harassment is not sufficient for protecting employees. A recent TUC poll found that 58% of women have experienced sexual harassment at work with 43% of women having experienced it on at least three separate occasions.
Under the current law, employers can be liable for sexual harassment carried out by their employees unless they show they took ‘all reasonable steps’ to prevent it. While it's advisable for employers to take proactive measures, there is no strict legal requirement.
As of 26th October 2024, employers must take “reasonable steps” to prevent the sexual harassment of their employees during their employment. The new law places a strict legislative and pro-active duty on employers to prevent sexual harassment in the workplace.
Employees will be able to bring a claim for a breach of this new duty if they also bring a claim against their employer for sexual harassment in an Employment Tribunal. In successful cases, the Employment Tribunal will be able to uplift all compensation awarded by up to 25% if an employer is found to have breached this new duty.
An employer’s pocket may not be the only thing to take a hit from a successful claim with reputational damage being a likely outcome. There will of course also be ramifications for the employer’s culture and workforce morale.
If you have any questions in the meantime, get in touch with Sarah.
Expert commentary & updates
Preparing for the Employment Rights Act: What employers need to do now
Sarah Furness, from our Employment Law & HR Team, outlines how employers can prepare for the Employment Rights Act, including recruitment, zero-hours contracts, sickness absence and workplace culture changes.
The Employment Rights Bill: What’s planned and how can employers prepare
Sarah Furness, from our Employment Law & HR Team, explains the key proposals in the UK Employment Rights Bill and what employers can do to prepare for upcoming changes.
Unfair dismissal: Recent cases and what they tell us
Tom Clarke from our Employment Law & HR Team, explains what two recent Tribunals mean for what does and does not amount to a potentially unfair dismissal.
A personal approach to employment law
Discover how Hay & Kilner’s Employment Law Team delivers pragmatic, tailored legal and HR advice to employers, helping businesses navigate evolving workplace issues with confidence.
Supreme Court ruling on trans rights: What employers need to know
What does the Supreme Court’s decision on trans rights mean for employers? Our Employment Law & HR Team outlines key workplace legal implications and employer responsibilities.
New ban on gagging clauses in settlement agreements as employment law reform timetable unveiled
Tom Clarke, from our Employment Law & HR Team, explains the new ban on gagging clauses in settlement agreements and what the employment law reform timetable means for employers and employees.
New right to neonatal care leave and pay
Sarah Furness, from our Employment Law & HR Tea, explains the new right to neonatal care leave and pay, outlining what employers and eligible parents need to know under UK employment law.
Leave us a message
Send us your query and we will be back in touch as soon as possible.
For the latest insights, updates and events join our mailing list