New Duty to Prevent Sexual Harassment The new duty on employers to prevent sexual harassment comes from an amendment to the Equality Act 2010 (Worker Protection Act 2023) and provides for the following: A new s.40A is inserted in the Equality Act 2010 to create a positive duty on employers to prevent sexual harassment of their employees. Employers must "take reasonable steps to prevent sexual harassment" of their employees in the course of their employment. "Reasonable steps" will depend on the specific circumstances of the employer, including its size and sector and other relevant facts. Where a tribunal finds in a sexual harassment claim that sexual harassment has occurred "to any extent" and that the employer breached the duty to prevent, they will have the power to uplift compensation by up to 25%. The Equality and Human Rights Commission (EHRC) also has the power to enforce the duty and can conduct its own investigations.

If you hold a role in line management, it’s necessary to understand the critical importance of conducting workplace investigations, for disciplinary and grievance matters. The investigation is the cornerstone of the entire process, focusing on compiling facts—and only facts—to ensure fairness and compliance.