Can an award for injury to feelings be made even if the discrimination was indirect and unintentional?

On 26 October 2024 a new law comes into force which puts a legal duty on you as employer to take reasonable steps to prevent sexual harassment of your employees or workers.

In practice this will mean you:

  1. Having a policy in place detailing what sexual harassment is and giving workable definitions and examples.
  2. Having a procedure in place which enables employees or workers to complain about sexual harassment to you, their employer.
  3. Making sure that all your employers and workers are aware of the policy and procedure and have been trained.
  4. Ensuring that all employees and workers receive refresher training yearly to keep up to date.

As, a specialist employment Solicitor, I have 25 years experience of representing employees who have been sexually harassed as well as employers facing claims of sexual harassment.

Perhaps my best known case is P v Crest Nicholson where an Employment Tribunal found that an employee had been raped following a Christmas party and the employer was liable as the rape happened in the “course of employment.” The case received extensive publicity and such cases are reputationally damaging for employers, and can damage the brand..

Employers have a defence if they can show they have taken reasonably practicable steps to prevent sexual harassment. Training is key. I have been involved in training employers on preventing harassment for over 20 years.  Most training now is online as that enables employers to have documented evidence of training as well as follow up training. The course I have written draws on my extensive experience and will enable you as employer to show that you have trained your workforce if a claim is brought.

A failure to take reasonable steps enables a Tribunal to increase any award by up to 25%. If you want a preview of the course please click this link and scroll down.