Section 40A — Equality Act 2010: Employer duty to prevent sexual harassment of employees

Employer duty to prevent sexual harassment of employees 40A 1 An employer (A) must take reasonable steps to prevent sexual harassment of employees of A in the course of their employment. 2 “Sexual harassment” in subsection (1) means harassment of the kind described in section 26(2) (unwanted conduct of a sexual nature).

3 A contravention of subsection (1) (or a contravention of section 111 or 112 that relates to a contravention of subsection (1)) is enforceable as an unlawful act under Part 1 of the Equality Act 2006 (and, by virtue of section 120(8) and (9), is enforceable only by the Commission under that Part or by an employment tribunal in accordance with section 124A (compensation uplift in employee sexual harassment cases)).