New Preventative Duty & EHRC Research on Harassment Prevention
Key Questions
What new duties does ERA 2025 impose on employers regarding sexual harassment?
ERA 2025 introduces a preventative duty requiring employers to take all reasonable proactive steps to prevent sexual harassment, with a 25% compensation uplift for breaches and extended 6-month time limits. It also includes third-party liability provisions. EHRC research stresses evidence-based training and multiple reporting routes.
How can employees strengthen claims under the new harassment prevention rules?
Employees should document employer failings in risk assessments and reporting procedures to support claims. Even whistleblowing reports that pass procedural checks may not be legally safe under the new sexual harassment category. Pushing for legal testing of reports, not just procedural sign-off, is advised.
What does EHRC research recommend for effective harassment prevention?
EHRC research emphasises tailored, evidence-based training and establishing multiple reporting routes. Employers must demonstrate proactive measures under the 'all reasonable steps' duty. This approach helps mitigate risks of tribunal claims and compensation uplifts.
ERA 2025 introduces a duty to prevent sexual harassment, with 25% compensation uplift for breach, extended time limits (6 months), and third-party liability. The 'all reasonable steps' duty requires employers to take proactive measures. EHRC research emphasises evidence-based, tailored training and multiple reporting routes. Practical lesson: employees should document employer failings in risk assessments and reporting procedures to strengthen claims. A recent article adds that even whistleblowing reports that pass procedural checks may not be legally safe, especially with the new sexual harassment whistleblowing category; employees should push for legal testing of reports, not just procedural sign-off.