Legislation
The Worker Protection (Amendment of Equality Act 2010) Bill
Date
Effective now
Summary
The Equality and Human Rights Commission (EHRC) issued technical guidance for employers following the enactment of the Worker Protection (Amendment of Equality Act 2010) Act that came into effect on 26 October 2024.
This Act introduced 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 doesn’t outline specific steps that employers must take, allowing for flexibility in how each organisation addresses the issue.
However, recent guidance highlights the importance of conducting a risk assessment and reinforces that all employers are obligated to take action – no organisation is exempt from this preventative duty. The new guidelines emphasise preventing sexual harassment from any perpetrator, whether a colleague or a third-party contractor.
And the responsibility on employers is going to increase. The previous legislation was “watered down” to “reasonable steps” from the initial suggestion of “all reasonable steps”. But with the Employment Rights Bill, the obligation will become a duty to take “all” reasonable steps”. Regulations will specify the steps that employers should take, such as carrying out risk assessments and implementing harassment policies and complaints procedures.
The bill has also indicated that:
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A complaint of sexual harassment at work will be treated as a protected disclosure under whistleblowing legislation. This may limit the effectiveness of confidentiality provisions in settlement agreements, as it is not possible to prevent a worker from making whistleblowing disclosures.
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Employers will be liable for harassment (of any kind) by third parties, such as clients or suppliers, unless they take reasonable steps to prevent it. Employers will need to ensure that they have measures in place, such as appropriate wording in contracts with clients and suppliers.
While not exhaustive, implementing these steps can help you take positive action:
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Develop an effective anti-harassment policy and engage your staff.
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Assess and mitigate risks in your workplace by conducting risk assessments.
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Establish reporting mechanisms, ensuring all employees are aware of, and feel comfortable using them.
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Provide regular training to all, including management training on how to deal with complaints of sexual harassment.
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Respond appropriately to harassment complaints and investigate thoroughly.
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Address harassment by third parties.
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Monitor and evaluate your actions.
Employment Law guide
April – May 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 compliant?…