On 26 October 2023, Parliament passed new legislation to amend the Equality Act 2010 to place a duty on employers to take reasonable steps to prevent sexual harassment of employees and workers during the course of their employment. The new duty comes into force on 26 October 2024.

If a tribunal considers that an employer has failed to comply with the duty, it will have the power to award an uplift of up to 25% on any compensation awarded, depending on the extent the employer has failed in its obligations. The uplift is in addition to the employment tribunals’ existing power to award an uplift of up to 25% uplift if it considers that an employer has failed to comply with its obligations under the statutory Code of Practice on Disciplinary and Grievance procedures. A 25% uplift on what can be hefty compensation, together with a further uplift of 25% could mean very high awards.

The duty to take reasonable steps is a positive duty. What it will look like will vary on a case-by-case basis. As a minimum, reasonable steps would include promoting a culture of respect in the workplace, having proper anti-harassment and bullying policies. It is not sufficient just to have a policy and circulate it to employees, but an employer must demonstrate that it has provided training relating to the matters set out in the policy for its staff and training for managers on their responsibilities.

It is already a legal obligation for an employer to have written grievance procedures. The effect of the new, positive duty means it is important to ensure that all grievances whether raised informally or formally are dealt with properly to resolve matters internally at work to stop matters escalating.

Where internal procedures fail, and the relationship has broken down an employer may offer a settlement agreement under which potential claims are settled and the mutual termination of employment is agreed, in return for a compensation payment. An employer will require obligations from the employee to keep matters confidential and not to make derogatory comments about the employer. It is important to note that the scope of those contractual obligations are limited. An employer cannot enforce a confidentiality clause to prevent an employee from reporting unlawful activity in the public interest and should not be used to stop someone reporting discrimination, harassment or sexual harassment. There are likely to be further developments relating to the lawfulness of non-disclosure agreements in the context of workplace disputes in the future.

Article by

Louise Maynard

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Our expert employment law solicitors all have many years’ experience advising individuals who are in your position. We will be able to guide you through the process and to help you secure the best possible outcome.

We offer a range of services, so please contact our friendly customer services team to discuss further via hello@kilgannonlaw.co.uk or 0800 915 7777.

Disclaimer

The above provides a general overview relating to harassment in the workplace and is not intended nor construed as providing specific legal advice.

This article is for information purposes only and is correct at the time of publication. It does not constitute legal advice.

03.11.23

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