The Harrods Scandal & the Duty to Prevent Sexual Harassment
Released On 24th Oct 2024
The New Legal Duty: A Retail Reality Check
From the 26th October 2024, employers will be under an anticipatory duty to prevent sexual harassment in the workplace, rather than simply responding to complaints after the event. Specifically, it places a legal onus on employers to think about what possible harassment could occur in the workplace and to take positive, reasonable steps to stop that harassment from happening.
Some examples include having an anti-harassment policy in place, considering the potential sexual harassment risks and the steps that can be taken to reduce those risks, delivering regular training for staff and managers, and ensuring there are clear reporting channels.
The EHRC’s recent guidance explains that the new duty also extends to preventing sexual harassment of your staff by third parties (i.e. customers, clients, patients, consultants and other business contacts). This is further highlighted in the new Employment Rights Bill, which further proposes direct liability for employers if they fail to take “all” reasonable steps to prevent third-party harassment against their staff - this being an even stricter requirement.
