After section 40 of the Equality Act 2010 insert—

“40A Employer duty to prevent sexual harassment of employees

(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)).”

After section 124 of the Equality Act 2010 insert—

“124A Remedies: compensation uplift in sexual harassment cases

(1)

This section applies where—

(a)

an employment tribunal has found that there has been a
contravention of section 40 (harassment of employees) which
involved, to any extent, harassment of the kind described in
section 26(2) (sexual harassment), and

(b)

the tribunal has ordered the respondent to pay compensation
to the complainant under section 124(2)(b).

(2)

The tribunal must consider whether and to what extent the respondent
has also contravened section 40A (1) (duty to take reasonable steps to
prevent harassment of employees).

(3)

If the tribunal is satisfied that the respondent has contravened section
40A (1) , it may order the respondent to pay an amount to the
complainant (a “compensation uplift”) in addition to the compensation
amount determined in accordance with section 124(6).

(4)

The amount of the compensation uplift—

(a)

must reflect the extent to which, in the tribunal’s opinion, the
respondent has contravened section 40A (1) , but

(b)

may be no more than 25% of the amount awarded under
section 124(2)(b).”