The government has published its response to the consultation on sexual harassment in the workplace.
It includes a proposal to introduce a positive duty on employers to take ‘all reasonable steps’ to prevent sexual harassment at work. This duty would be enforceable by both the EHRC and by employees. Employers will be liable if they fail to comply with a code of practice. The consultation states that legislation will be brought forward “when time permits”.
There is also a promise to review the time limit of three months for bringing a claim as responses to the consultation identified short time limits as a barrier to justice. However, it remains to be seen whether time limits will be increased as the government’s response expresses the need to balance justice to the individual against the perceived danger of overloading the Tribunal system which is already under considerable pressure.
Sexual harassment at work is obviously something of a hot topic. There is an increased willingness among potential claimants to come forward or at least speak about their experiences. Aside from the risk of substantial financial claims, employers must also be alert to the serious reputational harm such claims can cause.
If you have any queries regarding this or any other employment matter, please do not hesitate to contact a member of the team.
