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17 January 2025
Issue: 8100 / Categories: Legal News , Employment , Harassment
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NLJ this week: The proactive duty to protect employees from sexual harassment

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What extra steps should employers take when employees deal with third parties? In this week’s NLJ, Vanessa Kelly, principal associate at Eversheds Sutherland, dissects the new legal duty on employers to proactively protect employees from sexual harassment, including from third parties, which took effect in October 2024.

Her article covers how the new duty applies to third parties and how third-party commercial terms can be updated. She provides a useful case study to illustrate the new duty in practice.

Kelly writes that the new duty does ‘not create a standalone claim that employees can bring. Instead, claims for breach of the duty can only be considered by a tribunal where it has upheld an employee’s claim of sexual harassment. Where an employer is found to have breached the preventative duty in such circumstances, the tribunal can increase any compensation award by up to 25%’. 

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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