Suresh Patel, Associate in the Employment Group, has authored an article for the Employment Lawyers Association Briefing, examining the forthcoming duty imposed on employers to prevent sexual harassment. This new obligation, introduced by The Worker Protection (Amendment of Equality Act 2010) Act, is set to take effect in October 2024, and is poised to provide both lawyers and their clients with significant considerations.
By now, employment lawyers will be familiar with the New Duty’s main plot points, such as its dual enforcement by the EHRC and individuals; the ability of employment tribunals to uplift compensation by up to 25% for contraventions; the initial plans for it to mirror the ‘all reasonable steps’ defence under s.109(4) Equality Act 2010; and the 11th-hour decision to circumscribe its scope by removing the word ‘all’. But these headlines do not tell the whole story.
Read the full article.