The law has a well-defined scope, limited to sexual harassment as defined in the Equality Act, and not harassment based on race, age, sexual orientation, or belief, nor harassment based on sex but which is not conduct of a sexual nature. 

According to the new law, employers have to "take reasonable steps" to prevent sexual harassment of their employees during their employment.

The law does not define what is a reasonable step; however, it seems appropriate to assume that the legislator intended to refer to what is already contained in the Equality Act, where the employer can defend itself against a complaint by proving that it has taken 'all reasonable measures' to prevent discrimination or harassment. 

Courts have already ruled on such cases, stating that the employer must have adequate policies in place and be constantly updated and accessible, train its staff to implement them, and have appropriate procedures in place for reporting harassment and investigating and dealing with complaints. 

Employees can go to court by attaching an employer's breach of duty to a claim for damages for sexual harassment. 

In the event of a positive finding of such a breach, the compensation may be increased by up to 25 per cent.

The Equality and Human Rights Commission announced it will update its technical guidance on sexual harassment at work, published in 2020, with the new duty to make employers compliant with the law. 

Employers must start checking the compliance and appropriateness of their policies with the new legal requirements, pending its entry into force.