Section 40A: Employer duty to prevent sexual harassment of employees

Equality Act 2010 · 2010 c. 15View on legislation.gov.uk

Part 5: Work — Chapter 1: Employment, etc.

An employer (A) must take reasonable steps to prevent sexual harassment of employees of A in the course of their employment.

"Sexual harassment" in subsection (1) means harassment of the kind described in section 26(2) (unwanted conduct of a sexual nature).

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)).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.