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Preparing for changes to non-disclosure agreements from 1 October 2025
Andy Norris
The Equality and Human Rights Commission (EHRC) has today launched a consultation on its long awaited updated technical guidance on sexual harassment and harassment at work.
On 26 October 2024, the new mandatory duty requiring employers to take reasonable steps to prevent sexual harassment of their employees in the course of their employment (the Preventative Duty) will come into force.
Breach of the Preventative Duty may result in enforcement action by the EHRC and, in certain circumstances, an increase to the compensation awarded for sexual harassment by Employment Tribunals (an increase of up to 25%).
The EHRC issued technical guidance on sexual harassment and harassment at work in 2020 which aimed to help employers and others understand how the Equality Act 2010 prohibits harassment at work. That guidance was due to be updated in light of the new Preventative Duty to help employers understand their new obligations. This consultation is on the changes the EHRC proposes to make to its guidance to that end.
The proposed amendments add a new section to the existing guidance, together with some other consequential/minor amendments elsewhere.
The new wording provides guidance (with examples) on:
- the Preventative Duty (what it means and when it applies);
- the reasonable steps employers can take to comply with the duty and the factors that would be taken into account when considering whether a step is reasonable; and
- the consequences of a breach (including the enforcement powers of the EHRC).
The consultation is open until 6 August 2024.
We understand that the EHRC will also be updating its statutory Employment Code of Practice in light of these changes “in due course”.
Please refer to our FAQs for further information about the Preventative Duty and what you can do to prepare.
Further information
If you have any questions or concerns about the topics raised in this blog, please contact our Employment team.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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