New Duty to Prevent Sexual Harassment

15^th November 2024

My ref: EO/13

Circular No. NP/279/24

 

TO: THE SECRETARY

ALL BRANCHES AND REGIONAL COUNCILS

                                                                                                            

 

Dear Colleague,

 

NEW DUTY TO PREVENT SEXUAL HARASSMENT

 

To encourage employers to be more proactive in their efforts to reduce workplace sexual harassment, parliament passed The Worker Protection (Amendment of Equality Act) Act 2023. This Act introduced a new, positive obligation on employers to take ‘reasonable steps’ to prevent sexual harassment of their workers in the course of their employment. 

 

This new duty, which came into force on 26 October 2024, is anticipatory in its application, so employers cannot wait for an incident to occur, they must take pre-emptive action to prevent harassment from taking place.

 

To help employers meet their new duty to tackle, prevent and respond to sexual harassment in their workplace in collaboration with trade unions, the TUC has provided an implementation framework with five practical actions (link is here: a TUC implementation framework for workplace reps)

 

Additional TUC resources on tackling and preventing sexual harassment are here: resources from the TUC

 

The Equality and Human Rights Commission have also provided employer guidance, EHRC guidance, and technical guidance - EHRC technical guidance

 

Hazards Magazine have an interesting commentary on the new legislation pointing out its limitations: Hazards magazine

 

The RMT reps guide to harassment and bullying will be updated to include this new legislation.

 

Yours sincerely,

 

Michael Lynch

General Secretary