United Kingdom: Discrimination, Disability & Sexual Harassment

The Employment Rights Act introduces significant changes to workplace harassment prevention, requiring employers to take "all reasonable steps" rather than just "reasonable steps" to prevent sexual harassment. New third-party harassment liability extends across all protected characteristics, while upcoming NDA restrictions will limit confidentiality clauses in discrimination settlements.

The Exeter Employment Tribunal's recent decision in Co-Operative Group Limited v Brooks establishes stricter standards for employers handling sexual harassment complaints, particularly when allegations occur between employees of the same sex. The case highlights critical failures in safeguarding measures and appeal procedures that resulted in significant compensation awards. With the Employment Rights Act 2025 introducing heightened duties to prevent sexual harassment and third-party liability provisions ta

The government has recently launched a consultation on pay transparency proposals. Principally the government is seeking to ‘fix’ the equal pay system. Amongst the proposals, the government is consulting on whether employers should be required to include salary information in job adverts and to provide written salary information before an interview if the role is not publicly advertised. Ministers have argued that greater pay transparency will help candidates navigate the job market and that this could prevent future discrimination claims.