The Employment Rights Bill 2024: What Do the New Workplace Duties Mean for Employers?

Writer: Swagata Laxmi Bhowmick

Date Written: 28/01/2025

The Employment Rights Bill 2024 introduced significant changes to employment law in the UK, many of which will take effect in 2025. One key provision that came into force on 26 October 2024 requires employers to take ‘reasonable steps’ to prevent sexual harassment in the workplace. This new duty has prompted businesses to reassess their approach to workplace events, including office parties.

What is the new duty?

Under the Worker Protection (Amendment of Equality Act 2010) Act 2023, employers now have a legal obligation to take proactive measures to prevent sexual harassment in the workplace. The new Section 40A states that employers must take ‘reasonable steps’ to minimise the risk of such incidents occurring during an employee’s ‘course of employment.’ If incidents do arise, employers are responsible for taking appropriate action to prevent recurrence.

What does this mean for employers?

The new duty reinforces the need for employers to be proactive in fostering a safe workplace environment. It extends beyond interactions between colleagues and also covers third parties, such as clients or contractors. As a result, employers must take reasonable measures to prevent workplace harassment in all professional settings, including work-related social events.

If an employer fails to demonstrate that they have taken ‘all reasonable steps’ to prevent harassment, they could be held vicariously liable for incidents that occur in the workplace or during work-related activities.

What are ‘reasonable steps’?

While the definition of ‘reasonable steps’ depends on the circumstances, employers are expected to conduct risk assessments and implement safeguards to mitigate risks. This includes:

• Reviewing policies to ensure they align with the new legal requirements

• Providing effective training for employees on workplace conduct

• Establishing clear reporting channels to handle complaints confidentially

• Taking appropriate action when concerns are raised

What are the consequences of non-compliance?

If a claim is brought to an employment tribunal and an employer is found to have breached their duty, the claimant may receive increased compensation of up to 25%. Additionally, the Equality and Human Rights Commission (EHRC) has the authority to take direct action against businesses that fail to comply. However, claims cannot be made solely on the basis of a breach of this preventative duty—there must be an underlying incident of harassment.

How can employers prepare?

To comply with these new obligations, employers should take proactive steps such as:

• Implementing comprehensive training programmes on harassment prevention

• Reviewing workplace policies to ensure they meet legal standards

• Encouraging open discussions on workplace culture and employee well-being

• Creating clear reporting mechanisms that ensure confidentiality

By taking these measures, employers can demonstrate their commitment to fostering a safe and respectful work environment. If further guidance is needed, businesses may consider consulting legal experts to ensure compliance with the new requirements.