October 1, 2024
By Fflur Jones
What is sexual harassment?
Sexual harassment occurs where one employee engages in unwanted conduct of a sexual nature and the conduct has the purpose or effect of violating another employee’s dignity, or creates an intimidating, hostile, degrading, humiliating or offensive environment for that other employee. Sexual harassment is a type of discrimination under the Equality Act.
What is the new duty on employers?
Employers will need to demonstrate that they took reasonable steps to prevent sexual harassment to their staff in the course of their employment. Furthermore, employers will need to be proactive and take anticipatory steps to prevent any sexual harassment before it occurs.
This new positive duty will also require employers to prevent employees from being sexually harassed by third parties, such as customers, clients, contractors or members of the public.
How can you ensure you’re ready?
At Darwin Gray, our employment and HR team can assist employers with all of these steps, including advising on risk assessments, drafting policies and providing training. If you need advice on the new duty to prevent sexual harassment, contact Fflur Jones on fjones@darwingray.com or 029 2082 9117 for a free no-obligation chat to see how they might be able to help you.