Employment, Contingent Workforce and Immigration | UK Regulatory Outlook September 2024

New sexual harassment duty in force 26 October 2024

The new duty on employers to "take reasonable steps" to prevent sexual harassment of employees in the workplace comes into force on 26 October 2024. This new duty is set out in the Worker Protection (Amendment of the Equality Act 2010) Act 2023.

Under existing legislation, employers do currently have a defence to a sexual harassment claim brought by an employee where they can show that they took all reasonable steps to prevent that harassment; however, in light of continuing concerns "that workplace sexual harassment remains widespread, often goes unreported, and is inadequately addressed by employers", this new legislation places a specific proactive standalone duty on an employer to take reasonable steps as a matter of course. 

The new right will be enforced directly by the Equality and Human Rights Commission (EHRC) – there is no need for a specific incident to have arisen. In addition, an Employment Tribunal will have power to uplift the compensation on a successful sexual harassment claim where it determines that there has been a failure to comply with the new duty. See our Insight for how to prepare for the new duty.

Legislative update: Do we know any more on Labour's employment law plans?

While we await the Employment Bill – expected October 2024 – speculation continues as to the exact form that the government's proposals, as set out in its paper "Make Work Pay", will be implemented. The proposals and its potential implications for employers are set out in our Insight.

While the media has reported on what form some measures may take, it is important for employers not to take this as a final position and to await the draft legislation and consultations on specific proposals. However, as employers prepare for a new employment law landscape, reports on the form measures may take remain helpful in understanding the possible direction of travel and for managing employee expectations. Read more here.

Immigration update

Following changes from April 2024 and the change in government, we provided an Immigration Update webinar on 18 September. We examined the changes that have occurred from April 2024 and their impact, recent changes that the Home Office has planned, and any potential impact of a new government and how these will affect businesses and compliance. View the recording.