Section 2 Enforcement of duty to prevent sexual harassment of employeesI1

in subsection (8), for “a reference to section” substitute “references to section 40A(1) or”;

after that subsection insert—

“(9)

Subsection (8) does not prevent an employment tribunal from considering a contravention of section 40A(1) in accordance with section 124A (compensation uplift in employee sexual harassment cases).”