{"id":9384,"date":"2024-10-08T16:41:04","date_gmt":"2024-10-08T16:41:04","guid":{"rendered":"https:\/\/www.brightmine.com\/uk\/?post_type=resources&p=9384"},"modified":"2025-10-20T13:33:57","modified_gmt":"2025-10-20T13:33:57","slug":"duty-to-prevent-sexual-harassment-checklist","status":"publish","type":"resources","link":"https:\/\/www.brightmine.com\/uk\/resources\/hr-compliance\/bullying-harassment\/duty-to-prevent-sexual-harassment-checklist\/","title":{"rendered":"New duty to prevent sexual harassment: 10-point checklist for HR"},"content":{"rendered":"\n
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by Stephen Simpson<\/strong>, Brightmine Principal Editor – Employment Law and Compliance<\/p>\n<\/div>\n\n\n\n

From 26 October 2024, employers of any size in England, Wales and Scotland have a specific duty to take reasonable steps to prevent sexual harassment of workers in the course of their employment. As the implementation date approaches, what should HR professionals be doing to ensure that their organisation is ready to comply<\/a> with the new duty?<\/p>\n\n\n\n

1. Understand the new duty to prevent sexual harassment<\/h2>\n\n\n\n

Employers must get to grips with the new legal position, which is contained in the Worker Protection (Amendment of Equality Act 2010) Act 2023<\/a> and the Equality and Human Rights Commission’s updated guidance on sexual harassment and harassment at work<\/a>.<\/p>\n\n\n\n

The key to this is understanding that the new duty is an “anticipatory duty” designed to “transform workplace cultures”, according to the EHRC.<\/p>\n\n\n\n

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“While the introduction of the new duty is providing the impetus for employers to work more in the preventative space, this approach makes commercial sense anyway. To ensure that anti-sexual harassment measures are taken seriously and properly resourced, HR needs to hammer home the business benefits to senior leadership.”<\/p>\n\n\n\n

– Stephen Simpson, Acting Content Manager – Employment Law and Compliance, Brightmine<\/p>\n<\/div>\n\n\n\n

While the introduction of the new duty is providing the impetus for employers to work more in the preventative space, this approach makes commercial sense anyway.<\/p>\n\n\n\n

To ensure that anti-sexual harassment measures are taken seriously and properly resourced, HR needs to hammer home the business benefits to senior leadership.<\/p>\n\n\n\n

2. Do not forget about potential third-party harassment<\/h2>\n\n\n\n

Employers need to pay particular attention to the risks of staff being subjected to third-party harassment, for example by customers and clients.<\/p>\n\n\n\n

The new duty on employers is to take reasonable steps to prevent sexual harassment of their workers “in the course of their employment”, which is wide enough to include harassment by a third party.<\/p>\n\n\n\n

While an employer cannot be liable in an employment tribunal for third-party harassment, the EHRC has made it clear that it can tackle this issue by using its statutory enforcement powers against the employer.<\/p>\n\n\n\n

Steps that an employer can take include:<\/p>\n\n\n\n