Sexual harassment duty (Equality Act s.40A)
The new employer duty to prevent sexual harassment under Section 40A of the Equality Act 2010 (in force October 2024) — what employers must do, and what employees can claim.
ภาพรวม
Before October 2024, employers were liable for harassment by employees and third parties only where it had occurred. The Worker Protection Act 2023 introduced a positive duty to prevent it — section 40A of the Equality Act 2010. This is one of the most significant employment-law changes in recent years. The duty is owed to all 'workers' (a wider category than 'employees'). Failing to take reasonable steps is itself a breach, and triggers automatic 25% uplift on any successful harassment claim. The Equality and Human Rights Commission (EHRC) is the regulator.
ใครสามารถใช้กระบวนการนี้ได้
- You are likely eligible to use this guide if your situation involves sexual harassment duty (equality act s.40a).
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
กระบวนการทีละขั้นตอน
What is sexual harassment
Unwanted conduct of a sexual nature that has the purpose or effect of violating dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Includes verbal, physical, and digital conduct. Source: s.26(2) Equality Act 2010.
Who the duty applies to
All employers. The duty is owed to all workers (including agency workers, contractors). It is an anticipatory duty — you do not need to wait for harassment to occur.
What 'reasonable steps' looks like
EHRC guidance suggests: a written policy specific to sexual harassment, regular training, an effective complaints procedure, risk assessment, monitoring, and senior accountability. There is no fixed checklist — size and resources are factors.
Third-party harassment
From October 2024, employers are again liable for third-party harassment (customers, suppliers) that they failed to take reasonable steps to prevent. This restores liability that had been removed in 2013.
Enforcement and penalties
EHRC can investigate and require employers to take action. Failure can lead to legally binding agreements or unlawful act notices. Workers who bring a harassment claim and prove a s.40A breach get up to 25% uplift on compensation.
What workers can do
Complain internally first (using the employer's procedure). If unresolved, raise an ACAS Early Conciliation claim within 3 months less 1 day of the last act. File an ET1 if no settlement.
คำเตือนสำคัญ
The 25% uplift is on compensation for the harassment claim, not on a free-standing claim. Workers cannot claim under s.40A alone — they need an underlying harassment claim.
Small employers are not exempt — but what counts as 'reasonable steps' for a 5-person business differs from a 5,000-person business.
The duty applies prospectively from 26 October 2024. Historic failures cannot be used to ground a s.40A breach for acts before that date.