The Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into effect on Saturday 26 October 2024, and is an update on existing law set out in the Equality Act 2010. This legislation aims to enhance protections for workers, by encouraging employers to take proactive steps to prevent sexual harassment in the workplace.
Baroness Kishwer Falkner, the Chairwoman of the Equality and Human Rights Commission has commented on the Act explaining that, “sexual harassment continues to be widespread and often under-reported”. “The new preventative duty coming into force on 26 October aims to improve workplace culture by requiring employers to proactively protect their workers from sexual harassment”.
Our article below discusses the proactive steps and guidelines that employers can take to comply with the Act, and also raises the enhanced protections that it provides for employees.
Two Key Changes Introduced by the Act
1. Proactive Duty to Prevent Discrimination
One of the most significant changes is the obligation of employers to take active steps to prevent sexual harassment. The Act emphasises that employers have a duty to prevent sexual harassment from third parties, such as clients and customers. This change is crucial for creating safer work environments and highlights the importance of proactive measures by employers to address potential sexual harassment.
Employers will be expected to implement and maintain clear policies, provide training, and create an inclusive culture that discourages discriminatory behavior.
2. Increased Liability for Employers
Under the new Act, employers may face increased liability for harassment that occurs in the workplace. If an employee is subjected to harassment by a third party, there is uncertainty if an employer could be held responsible unless they can demonstrate that they took all reasonable steps to prevent it. This shift places a greater onus on employers to implement effective training and reporting mechanisms. This uncertainty shows the need for expert legal advice in this area as an employee cannot bring a claim under s.26 of the Equality Act 2010 if they are harassed by a third party at work.
Increased liability will result in the possibility of the Employment Tribunal making an order requiring the employer to pay the employee a 25% up lift to any award of compensation for sexual harassment, where it is found that an employer has failed to take steps to protect workers.
Requirement for Employer’s to take “Reasonable Steps” to Prevent Sexual harassment
The Act signifies a substantial improvement in workplace protections for employees. Workers will have greater protection against harassment, including harassment from third parties such as clients or customers. This is because employers will be required to take “reasonable steps” to prevent sexual harassment in the workplace. This will help to create a safer work environment.
It is important to highlight that while the act is a positive step forward for creating safer work environments and protections for employees, there are currently no specific examples of “reasonable steps”. However, please see our examples below of “reasonable steps that employers can take to mitigate incidents and in turn reducing claims under the Act.
Steps Employers may be Required to Take
1. Reviewing Policies and Training
Employers will need to conduct thorough reviews of their existing workplace policies and training programs. This will ensure the implementation of comprehensive and clear anti-harassment and anti-discrimination policies that outline unacceptable behaviors, the company’s reporting procedures and consequences of violations.
Regular training sessions for all employees including management will be essential for employers to raise awareness about harassment, discrimination and appropriate workplace behavior.
2. Creating a Safe Environment
Employers should take proactive steps to foster a workplace culture that priorities respect and inclusion. This may involve establishing clear reporting channels, encouraging open discussions about workplace conduct, and ensuring that all employees are aware of their rights and responsibilities.
3. Improving the Complaints Process
To support workers who experience harassment or discrimination, the Act introduces clearer processes for making complaints with employers. This includes guidelines for employers on how to handle complaints sensitively and effectively, ensuring that workers feel safe and supported when reporting incidents.
Examples of the guidelines on the complaints procedures include:
- Employer must carry out prompt investigations, ensuring that issues are addressed as quickly and fairly as possible, in order to minimize the harm cause to the affected employee
- Employees should have access to various channels for reporting incidents, including options for anonymous reporting
- Employees should receive regular updates on the status of their complaint throughout the investigation process
- Clear guidelines must be established to protect employees from retaliation for reporting complaints
How we can help Employers
If you are an employer and you require further guidance on how the implementation of the Worker Protection (Amendment of Equality Act 2010) Act 2023 will affect your business, then please do not hesitate to contact us. We can provide assistance to your business in the following ways:
1. Guidance on legal compliance with the new Act;
2. Assisting with policy development, such as specific Sexual Harassment policies and complaints procedures;
3. Assistance with risk assessment. We can help to identify proactively address potential risks;
If you require assistance, please contact our Employment Team, Elliot Hammer at eh@branchaustinmccormick.com and Emily Iveson at ei@branchaustinmccormick.com.
