An employer can defend a harassment claim by showing it took “all reasonable steps” to prevent the harassment happening. From 26th October 2024, employers have an additional, proactive duty to prevent sexual harassment at work. A failure to comply with this duty can result in an increased award at Tribunal of up to 25%.
It is extremely important for employers to have anti-harassment policies, procedures and training in place and to enforce these to demonstrate compliance with this new duty.