Commentary on provisions of Act Section 2: Enforcement of duty to prevent sexual harassment of employees
This section amends section 120(8) of the 2010 Act and inserts new section 120(9).
	The amendment to section 120(8) carves out breaches of the employer duty from the employment tribunal’s jurisdiction, meaning that tribunals cannot consider standalone breaches of the employer duty. Only the EHRC can take enforcement action against standalone breaches of the duty if an employer fails to take reasonable steps to prevent third-party sexual harassment of employees.
	New subsection (9) clarifies and puts beyond doubt the employment tribunal’s role in considering a breach of the employer duty in relation to a compensation uplift in relevant cases, as described in section 3 (see paragraph 23 below). This means that tribunals cannot consider individual claims for a breach of the employer duty other than in cases where a claim of sexual harassment has been upheld.