Section 40B Prevention of sexual harassment: power to specify “reasonable steps”F1

(1)

Regulations may specify steps that are to be regarded as “reasonable” for the purpose of determining whether, for the purposes of this Act, an employer (A) has taken, or failed to take, all reasonable steps to prevent sexual harassment of an employee of A (see, in particular, sections 40 and 40A and section 109).

(2)

The steps that may be specified in regulations under this section include, among others—

(a)

carrying out assessments of a specified description;

(b)

publishing plans or policies of a specified description;

(c)

steps relating to the reporting of sexual harassment;

(d)

steps relating to the handling of complaints.

(3)

Regulations under this section that specify any steps may require an employer to have regard to specified matters when taking those steps.

(4)

In this section—

“sexual harassment” means harassment of the kind described in section 26(2) (unwanted conduct of a sexual nature);
“specified” means specified in the regulations.

Annotations

Textual amendments

F1: S. 40B inserted (30.10.2026) by Employment Rights Act 2025 (c. 36), ss. 22(2), 159(3); S.I. 2026/1065, reg. 3(c)

Notes on Part 5

Modifications

C1: Pt. 5 excluded by 2005 c. 4, s. 63(4) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 10(3); S.I. 2013/1725, art. 2(g))
C2: Pt. 5 excluded by 2005 c. 4, s. 27(5A)(b) (as inserted (15.7.2013) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 13 para. 9; S.I. 2013/1725, art. 2(g))
C3: Pt. 5 excluded (coming into force in accordance with reg. 2(1) of the commencing S.I.) by Wales Act 2017 (c. 4), s. 71(4), Sch. 5 para. 5(4) (with Sch. 7 paras. 1, 6); S.I. 2017/351, reg. 2(2) [Editorial note: S.I. 2017/1282 was made under 2017 c. 4, Sch. 5 para. 7(1) and comes into force on 12.12.2017]
C4: Pt. 5 restricted (S.) (29.5.2020) by Gender Representation on Public Boards (Scotland) Act 2018 (asp 4), ss. 11(2), 13; S.S.I. 2020/119, reg. 2
C5: Pt. 5 applied (1.8.2011) by the Equality Act 2010 (Work on Ships and Hovercraft) Regulations 2011 (S.I. 2011/1771), regs. 3-5