Sexual Harassment and Whistleblowing
Employers will be required to take all reasonable steps to prevent sexual harassment (as opposed to just reasonable steps), such amendment making clear that the preventative duty is consistent with the statutory defence available to an employer in an individual claim for harassment. Regulations will set out what steps are reasonable for the employer to take to prevent sexual harassment in the workplace.
Employers will be liable for harassment by third parties (clients, customers and service users) related to the protected characteristics of age, disability, gender reassignment, race, religion or belief, sex and sexual orientation unless the employer took all reasonable steps to prevent it.
Preventing Harassment
A report of sexual harassment which has happened already, is currently happening, or is likely to happen will amount to an express prescribed disclosure for the purposes of whistleblowing legislation. This means that if an employee is dismissed for having made a report of sexual harassment to their employer or other relevant body which is in the public interest, they can bring a claim for interim relief if they are “likely to establish” at a full tribunal hearing that the protected disclosure was the reason or principal reason for their dismissal.
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