Legislation
The Worker Protection (Amendment of Equality Act 2010) Bill
Date
Expected 26 October 2024
Summary
The Worker Protection (Amendment of Equality Act 2010) Bill
Introduced by Liberal Democrat MP Wera Hobhouse as a Private Members’ Bill in June 2022.
The purpose of the Bill is to protect employees from third party sexual harassment in the workplace by imposing new duties on employees.
The initial requirement for employers to take “all reasonable steps” was diluted to “reasonable steps” with amendments anticipated, but these did not come into fruition.
The Bill received Royal Assent on 26 October 2023, without amendment, and is expected to be effective from November 2024. It’s therefore a good time for employers to consider preventative action for the future.
Although claims for third party harassment were not specifically added, as initially predicted, liability is still a risk. Employers need to take complaints seriously, and have clear, widely operated polices and sufficient training on those policies, to show that they have taken the “reasonable steps” required.
Update: 18 October 2024
Expected 26 October 2024
The Equality and Human Rights Commission (EHRC) has issued technical guidance for employers following the enactment of the Worker Protection (Amendment of Equality Act 2010) Act, effective from 26 October 2024.
This Act introduces a new legal duty for employers to take reasonable steps to prevent sexual harassment of their workers, known as the ‘preventative duty’. Previously, there was no proactive legal obligation for employers to prevent sexual harassment at work.
Given the significant impact sexual harassment can have on an individual’s career, mental, and physical health, it was found that employers were not adequately addressing these concerns. The updated law is a welcome addition in the fight against sexual harassment.
The Act also allows for increased compensation in sexual harassment claims.
If an employment tribunal finds that a worker has been sexually harassed, it must consider whether the preventative duty was met. If not, the employer can be ordered to pay up to an additional 25% in compensation.
The legislation also empowers the EHRC to take enforcement action against organisations that fail to take reasonable steps to prevent sexual harassment, regardless of whether an incident has occurred.
The law does not specify the exact steps employers must take, allowing for flexibility in how different employers address the issue. However, all employers must take action, and no employer is exempt from the preventative duty.
The following practical steps illustrate actions you can take to prevent and address sexual harassment in the workplace.
While not exhaustive, implementing these steps can help you take positive action:
-
Develop an effective anti-harassment policy. Contact our Moorepay Consultancy team for assistance.
-
Engage your staff.
-
Assess and mitigate risks in your workplace.
-
Establish reporting mechanisms.
-
Provide training.
-
Respond appropriately to harassment complaints.
-
Address harassment by third parties.
-
Monitor and evaluate your actions.
The new guidelines emphasise preventing sexual harassment from any perpetrator, whether a former colleague or a third-party contractor.
Employment Law Guide
December 2024 – January 2025 edition Do you know when the latest complex legislation changes come into effect? And are you aware of the work required to ensure your business is fully…