Provisions the documents cite: s.1 (inserts Equality Act 2010 s.40A — employer duty to take reasonable steps to prevent sexual harassment of employees), s.2 (tribunal jurisdiction), s.3 (inserts s.124A — compensation uplift), s.4 (Equality and Human Rights Commission enforcement), s.5 (commencement)
What it requires
s.1 inserted Equality Act 2010 s.40A: an employer must take reasonable steps to prevent sexual harassment of its employees in the course of their employment, sexual harassment meaning unwanted conduct of a sexual nature as described in s.26(2). A breach is enforceable by the Equality and Human Rights Commission under Part 1 of the Equality Act 2006 (s.4) and, where a tribunal upholds a sexual harassment claim and awards compensation, by a compensation uplift of up to 25% if the employer also breached s.40A (new s.124A, s.3); it is not a free-standing tribunal claim (s.2). Sections 1 to 4 came into force on 26 October 2024, one year after Royal Assent (s.5(3)). Cite the duty itself as Equality Act 2010 s.40A (register entry equality-act-2010) and this Act for its origin and commencement. WATCH — legislation.gov.uk lists an undated prospective amendment to s.40A(1) by the Employment Rights Act 2025 (a word inserted), not read.
The instrument itself: https://www.legislation.gov.uk/ukpga/2023/51. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
How this entry is kept current
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The 1 document that cite it
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