The Equality and Human Rights Commission (EHRC) has produced an authoritative and “technical” guidance on sexual harassment and harassment at work. The guidance is aimed at employers, workers and their representatives and is intended to help them understand the extent and impact of harassment, the law in this area and best practice for effective prevention and response.
Employers must take reasonable steps
As far as the law is concerned, employers are responsible for ensuring that workers do not face harassment in their workplace and the term “workers” extends beyond those who are employees. Employers are under a duty to take reasonable steps to protect workers and will be liable for harassment committed by other workers if they fail to do so. The guide covers not only sexual harassment but also harassment related to sexuality, race, religion or belief, age and disability.
The Equality and Human Rights Commission guide to sexual harassment at work
The EHRC guide deals in detail with the following areas:
- What is harassment?
- What is victimisation?
- Who is protected?
- When are employers liable for harassment
- Harassment by third parties such as customers
- Harassment by a colleague outside of work
- Who else can be liable?
- Preventing harassment
- How employers should respond
- Claims in the employment tribunal
Within the guide from the EHRC are actual examples from case law which are real and relevant in a user-friendly and accessible way. The hope is that employers of all sizes and types can take practical steps to eliminate harassment in the workplace.
#MeToo
The #MeToo movement has highlighted the fact that sexual harassment is prevalent in industries as diverse as Hollywood and Westminster and reveals the barriers that many women and men experience in reporting it. It is imperative to remember that all employers are potentially liable regardless of size and resources.
We can provide comprehensive and detailed advice on how to combat harassment and how to devise and implement policies to protect employers from liability. We also have experience in acting for both employees and employers in the employment tribunal.
For further details please contact Paul Grindley on 0113 320 5000 or email your enquiries to PaulG@winstonsolicitors.co.uk.
