The Equality and Human Rights Commission (EHRC) has launched a consultation on proposed changes to its guidance on preventing workplace sexual harassment.

The proposed amendments introduce a new section of guidance addressing the legal changes under the Worker Protection (Amendment of Equality Act 2010) Act 2023, which takes effect on 26 October 2024. The Act establishes a new legal obligation for employers to take reasonable steps to protect their workers from sexual harassment. Should an employer fail to meet this preventative duty, the EHRC will have the authority to take enforcement action. Employment tribunals will also have the power to increase compensation for sexual harassment by up to 25%.

A notable aspect of the guidance is its emphasis on third-party harassment. Although the extension of liability for third-party harassment was removed from the original Act during its passage through the House of Lords, the EHRC guidance suggests that the new preventative duty will apply to actions involving both employees and third parties. The guidance explicitly states, “The preventative duty includes prevention of sexual harassment by third parties. Therefore, if an employer does not take reasonable steps to prevent sexual harassment of their workers by third parties, the preventative duty will be breached.”

The frequent references to third-party harassment in the guidance imply that the EHRC will use its enforcement powers if employers fail to protect their employees from such harassment. However, if the Act remains unchanged, an employee who is harassed by a third party would not easily have a standalone tribunal claim for sexual harassment.

The consultation period ends on 6 August 2024.

Read the ECHR guidance document here.