Sexual harassment

by Practical Law Employment

Maintained | England, Scotland, Wales

This note considers sexual harassment in employment under the Equality Act 2010. It explains what amounts to sexual harassment under the statutory definition, the statutory duty to take reasonable steps to prevent sexual harassment of employees, and the practical steps an employer can take to minimise the risk of sexual harassment in its workplace. It also provides information on how to investigate sexual harassment allegations, as well as matters an employee should consider when bringing a claim and an employer should consider when defending a claim. The note also sets out best practice in the use of confidentiality clauses or non-disclosure agreements (NDAs) when settling sexual harassment cases, and the changes that will be introduced by the Employment Rights Act 2025 (ERA 2025).

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