Top 10 HR questions August 2024: Duty to prevent sexual harassment

A new positive duty on employers to take reasonable steps to prevent sexual harassment comes into force from 26 October 2024.

Under the new legislation, tribunals will be able to increase compensation awards by up to 25% if the employer has failed to comply with the duty.

While the legislation stops short of introducing direct liability for third-party harassment, the Equality and Human Rights Commission will have new enforcement powers, which could be used where employers fail to take steps to prevent sexual harassment by third parties.

The top FAQ for August looks at the potential consequences if an employee is harassed at work by a third party. Another FAQ sets out the distinction between sex-based harassment and sexual harassment. This will be relevant under the new legislation, as the prevention duty applies only to sexual harassment.

Two FAQs in the top 10 look at the interaction between holiday and sickness absence; one dealing with sickness absence on bank holidays, and the other with annual leave for employees on long-term sickness absence.

The top 10 HR questions in August 2024:

1. If a third party harasses an employee, will the employer be liable for the third party’s actions under the Equality Act 2010?

2. When can an employer dismiss an employee on the grounds of ill health?

3. What does dismissal for “some other substantial reason” mean?

4. If an employee has an immigration status with “no recourse to public funds”, are they eligible for benefits such as statutory maternity pay and statutory sick pay?

5. If an employee is on sickness absence during a bank holiday, are they entitled to be paid or to receive time off in lieu?

6. Can an employee take annual leave while on long-term sickness absence?

7. What is the difference between sex-based harassment and sexual harassment?

8. What rights do agency workers have under the Agency Workers Regulations 2010 after the 12-week qualifying period?

9. In a TUPE situation is the transferor required to obtain its employees’ consent before passing on information about them to the transferee?

10.What types of break between contracts would not constitute a break in continuous employment?

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