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EHRC consultation on Equality Act 2010 preventative duty: preventing workplace sexual harassment (including third‑party), reasonable steps, EHRC enforcement and 25% tribunal uplift (England, Scotland and Wales)

Published on: 11 July 2024

Published by a LexisNexis Employment expert
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EHRC Consultation: technical guidance on sexual harassment and harassment at work, 9 July 2024

EHRC technical guidance: sexual harassment and harassment at work

What are the practical implications of this development?

The EHRC has allowed only a brief, four-week period for employers and others to comment on the proposed updates.

The consultation outlines:

  • a new preventative duty section (draft paragraphs 3.16 to 3.43); and
  • renumbering of some existing paragraphs in Chapter 4

However, employers and practitioners would value a complete version of the redrafted Chapter, given uncertainty about how the new preventative duty will slot into the current guidance, and clarity on whether any other Chapter is being removed (which appears likely in view of the altered numbering).

The consultation also states that the duty to take reasonable steps to stop sexual harassment of employees in the course of their employment includes an obligation to prevent sexual harassment by third parties...

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