0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

EHRC harassment guidance

23 January 2020

The Equality and Human Rights Commission has issued technical guidance this month on Sexual harassment and harassment at work. It is written with the aim of helping employers, workers and their representatives understand the impact of harassment in more detail, the law underpinning this issue, and some best practice tips for both preventing issues from arising and dealing with any that do.

At this stage, this is guidance only – and not a statutory Code of Practice – but it can still be referred to as evidence in Tribunal proceedings and Tribunals will be guided by it when it comes to issues of best practice.

Although it refers only to harassment in the title, it does also include some guidance in respect of victimisation – and covers harassment in respect of any of the protected characteristics.

A government consultation on sexual harassment closed in October 2019 and the feedback from this is still being analysed – it may well be that a statutory Code of Practice will follow but, in the meantime, the guidance is well worth a read for all employers – even if it is just to confirm that your current policies, procedures and practices are up to date and reflective of best practice. In particular, it provides some helpful guidance on how to prevent harassment from occurring, and how best to handle investigations into harassment complaints that do arise.

related opinions

Employer obliged to pay settlement despite employees confidentiality breach

In Duchy Farm Kennels Ltd v Steels the employer was found not to have been relieved of its obligation to pay a settlement sum, despite the former employee having breached the confidentiality clause contained in the settlement agreement.

View blog

Furlough scheme extended to October

The Chancellor announced on Tuesday 12th May 2020 that the Coronavirus Job Retention Scheme (CJRS) is to be extended to the end of October.

View blog

Furlough and insolvency – are employees protected?

As more retailers and restauranteurs fall victim to insolvency, the Court of Appeal has confirmed that the contracts of employment of employees furloughed before a company is placed into administration will be treated as having been adopted by its administrators, therefore entitling the employees to “super-priority” status over other creditors.

View blog

High Court extends employer’s duty of care to Dubai whistleblower

Employers with global networks which include a base in the UK should be aware that they can face expensive and damaging negligence claims from employees who are based overseas regardless of the whistleblowing regime.

View blog

Sarah Hooton

Sarah Hooton

Professional Development Lawyer

View profile

mailing list sign up



Select which mailings you would like to receive from us.

Sign up