(Updated 2024 – see below) The Equality and Human Rights Commission produced new guidance for Employers, in January 2020, on Sexual Harassment and Harassment at Work. You can read the full Guidance here.
The introduction to the guidance says:
“All employers have a duty of care to protect their workers and will be legally liable for harassment in the workplace if they have not taken reasonable steps to prevent it.
Our guidance offers a legal explanation and practical examples of how to tackle and respond effectively to harassment, including:
- definition and examples of harassment and victimisation
- the effect of harassment in the workplace
- your responsibilities as an employer
- how to prevent and respond to harassment”.
Sexual Harassment and Harassment is unlawful under the Equality Act 2010.
The guidance continues: “The evidence of the need for tougher action on harassment in the workplace is overwhelming. Harassment at work in all its different forms has a significant negative effect on both workers and employers. It damages the mental and physical health of individuals, which affects both their personal and working life, and has a negative impact on workplace culture and productivity. Moreover, ineffective responses to harassment complaints compound the impact of the harassment on the individual.”
The Guidance looks at:
- Sexual harassment and harassment related to Sex
- Harassment of LGBT people
- Harassment related to Race
- Harassment related to Religion or Belief
- Harassment related to Age
- Harassment related to Disability.
[…] The law does not apply to sexual harassment to an employee by another employee, it appears to be connected to sexual harassment by other third parties. An employee cannot bring a claim to an Employment Tribunal for this, a claim would need to be brought by the EHRC. More details are here. […]