Employment & Pensions Blog: The Worker Protection (Amendment of Equality Act 2010) Act 2023 received Royal Assent

Employment & Pensions Blog: The Worker Protection (Amendment of Equality Act 2010) Act 2023 has received Royal Assent and will come into force in October 2024.

Changes in the law 

Although watered down when compared to the original proposals, the Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces a statutory duty on employers to take reasonable steps to prevent sexual harassment taking place in the workplace and gives Employment Tribunals the power to uplift compensation where an employer is found to have breached their duty.

Under current legislation employers are vicariously liable for acts of discrimination including sexual harassment committed by their employees in the course of employment, unless they can show that they took all reasonable steps to prevent the harassment/discrimination from taking place. Reasonable steps can include having an equal opportunities and anti-bullying and harassment policy in place, reviewing and updating policies and providing training to staff.

The new law now goes a step further by shifting the focus on prevention and placing a separate statutory obligation on all employers to take proactive measures to prevent sexual harassment in the workplace by taking “reasonable steps”.

If employers fail to take reasonable steps to prevent sexual harassment, the Equality and Human Right Commission (“EHRC”) can take enforcement steps and any Tribunal compensation will be subject to an uplift of up to 25%. The amount of compensation awarded will depend on the severity of the breach. The EHRC has indicated that it will update its technical guidance on sexual harassment and harassment at work, which will incorporate the new duty within its guidance.

Comment

As we approach October 2024, employers should take stock of their current processes and take proactive steps to critically review and identify the risks of sexual harassment within their business. Employers are advised to consider how they can enhance monitoring to ensure issues are identified and dealt with at an early stage. This may include implementing a form of complaint register to spot risk and implement actions to address those risks, subject of course to compliance with any data processing obligations. It may also include, reviewing and updating relevant internal policies, conducting refresher training and introducing situational training on discrimination and harassment to empower employees to safely intervene and support victims. A mere tick-box process, such as offering training on induction only is unlikely to be deemed sufficient and reasonable. 

If you require further assistance or support on sexual harassment in the workplace, please contact a member of the Employment Team.