Worker Protection (Amendment of Equality Act 2010) Bill

The Worker Protection (Amendment of Equality Act 2010) Bill has recently received royal assent, expected to come into force in October 2024. We updated you in our Newsletter 2023 Issue 3 (here) on this Bill.

In summary, when it comes into effect it will place employers under a proactive duty to take reasonable steps to prevent sexual harassment occurring (the current law relies on employees bringing unwanted conduct to the attention of their employers).

If employers fail to take reasonable steps to prevent sex harassment, then the Equality and Human Right Commission can take enforcement steps, plus any successful Tribunal claim will be subject to a compensation uplift of up to 25%.

The Equality and Human Rights Commission (EHRC) has said it plans to update its technical guidance on sexual harassment to reflect the new duty and will set out steps that employers should take to comply with the law.

In the meantime, employers should start to prepare for the Act. Although what are reasonable steps for employers to take will depend on individual circumstances and factors such as its size and resources, general steps include:

• Ensuring all anti-harassment policies are up to date and effectively communicated
• (Re)clarifying what types of conduct will not be tolerated
• Providing updated and tailored harassment prevention training (do consider our EDI training if you’re looking for some)
• Ensuring there is an open culture (so that staff feel confident to raise concerns) and a clear reporting path for any complaints
• Promptly responding to and addressing any concerns that are raised