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The “Preventative Duty”: New Law Places Active Duty on Employers in the UK to Prevent Sexual Harassment in the Workplace

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Employers in England, Scotland and Wales are now required to take reasonable steps to prevent sexual harassment of their employees in the course of their employment. 

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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Employers in England, Scotland and Wales are now required to take reasonable steps to prevent sexual harassment of their employees in the course of their employment. New legislation, the Worker Protection (Amendment of Equality Act 2010) Act 2023, which came into effect on 26 October 2024, creates a new pro-active, preventative duty on employers and provides for enhanced compensation for employees if their employer is found by an employment tribunal to have breached this duty. Employers should now take steps to ensure that they can comply with this preventative duty.Read the <a href="https://elc.mofo.com/topics/the-preventative-duty-new-law-places-active-duty-on-employers-in-the-uk-to-prevent-sexual-harassment-in-the-workplace" target="_blank">full blog post</a>.

The “Preventative Duty”: New Law Places Active Duty on Employers in the UK to Prevent Sexual Harassment in the Workplace

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Annabel is a partner at Morrison Foerster and co-Managing Partner of the London office. As a member of our renowned global data privacy team, Annabel specializes in employee data protection and data crisis management. Described by clients as “excellent, very pragmatic , efficient and completely client-oriented”, she works across a variety of sectors, including technology, retail, and financial services, and frequently manages multi-jurisdictional advice for international clients. Her practice includes advice on:<ul><li>cross-border labor and employment matters</li><li>employee litigation</li><li>data privacy compliance management</li><li>data security breach management</li><li>internal and regulatory investigations</li></ul>Annabel regularly helps senior management and HR executives with the “people” aspects of takeovers, restructuring projects, business and share sales, and outsourcings. She also advises employers in relation to sensitive claims, such as unlawful discrimination, equal pay, and whistleblowing. Annabel also advises on team moves.She supports her clients on all aspects of General Data Protection Regulation compliance and regularly advises organizations facing ICO enforcement action. She has developed particular specialties in complex areas, such as the collection and use of data relating to criminal offenses and the application of data protection law to insolvency practitioners.As an experienced litigator with experience in helping clients defend group litigation, Annabel helps clients develop their strategy for responding to regulatory action and court claims relating to the use of employee and customer personal data. She regularly designs and presents employment and data protection law training and updates to senior managers and HR executives and is involved in preparing responses to UK government consultations.In addition, Annabel is qualified to practice in the British Virgin Islands, where she spent three years advising on cross border commercial litigation and insolvency matters, including high value board and shareholder disputes, freezing orders, and third-party disclosure orders.

Annabel Gillham

Managing Partner, London

Oliver Spratt is Of Counsel based in the London office of Morrison Foerster. He advises domestic and international clients on the full spectrum of contentious and non-contentious employment law issues. Oliver works with clients across a range of industry sectors on employer/employee issues arising throughout the employment lifecycle from recruitment to termination. Described by clients as "exceptional: extremely responsive, commercial and pragmatic, he quickly became a trusted advisor".He regularly works alongside colleagues in the corporate, TTG and finance teams where he advises clients that are undertaking complex corporate transactions, such as mergers and acquisitions, joint ventures, and business restructuring, on employment issues, as well as advising companies on the employment aspects arising out of major initiatives, such as global outsourcing projects, restructurings and global policy changes.Much of Oliver’s work involves advising international clients on cross-border employment matters, and he has significant experience working with local employment counsel to deliver commercial and pragmatic solutions to a broad range of multi-jurisdictional employment law issues.On the contentious side of his practice, he has experience of representing employers in the Employment Tribunal, defending sensitive, high-value claims, such as unfair dismissal, discrimination, and breach of contract. In February 2019 Oliver represented the respondent care home in the matter of Shannon (Appellant) v Rampersad and another (T/A Clifton House Residential Home) (Respondents), which was heard before the UK Supreme Court. Oliver has advised clients on matters involving the misappropriation of confidential information by current and former employees and breaches of restrictive covenants.In the past, Oliver has been seconded to two multinational businesses – one in the oil and gas sector and another in the technology sector.Oliver has produced and delivered training on various employment law issues and has had articles published in the Employment Law Journal. In August 2020 he was a member of the UK Employment Lawyers’ Association working party responding to the recent government consultation on the potential changes to the law surrounding support for victims of domestic abuse in the workplace. Since the onset of the COVID-19 pandemic, Oliver has provided strategic advice and training to a number of clients on the employment law challenges faced by employers across the globe. Oliver has an extensive pro bono practice, and he sits on the Royal Courts of Justice Citizens Advice Bureau’s Service Delivery Committee.Oliver is qualified as a solicitor in England and Wales.<h4>Representative Experience </h4><h5>Non-Contentious</h5><ul><li>Acting as principal employment law adviser to a global manufacturing client on employment aspects of its acquisition of another global business. The acquisition impacted 1,300 employees across 13 jurisdictions, and involved the automatic transfer of employees pursuant to the Acquired Rights Directive and equivalent laws outside the EU. </li><li>Advising a Fortune 500 manufacturing client on the employment aspects of two global outsourcing projects valuing in excess of $600m. </li><li>Advising a global manufacturing company on the enforceability of a ‘global’ IP and non-complete agreement across 47 different jurisdictions. </li><li>Advising a global insurance company on a complex collective redundancy process, including advising on the process for the election of employee representatives and drafting communications with employees and representatives. </li></ul><h5>Contentious</h5><ul><li>Acting for the respondent care home in the matter of Shannon (Appellant) v Rampersad and another (T/A Clifton House Residential Home) (Respondents), which was heard before the UK Supreme Court in February 2019. The decision of the Supreme Court, which was handed down on 19th March 2021, finding in the respondent’s favour, is the leading authority regarding the application of the National Minimum Wage legislation to employees who are permitted to sleep while at work.</li><li>Advising a global bank on its successful defense of a complex, high-value and highly sensitive whistleblowing claim in the UK Employment Tribunal. </li><li>Advising a global oil and gas company on the successful mediation of claims of sex and maternity discrimination, which had been brought by an employee in the UK Employment Tribunal. </li><li>Advising a medical software company on the protection of sensitive and confidential information unlawfully taken by a former employee for the purposes of aiding a competitor. </li><li>Advising a global digital payments company on a sensitive investigation following allegations of race and age discrimination by a former employee.</li><li>Advising a number of well-known employers on senior employee exits.</li></ul>

Oliver Spratt

Of Counsel

Employment + Labor