Worker Protection (Amendment of Equality Act 2010) Act 2023
The Worker Protection (Amendment of Equality Act 2010) was passed by the government in October 2023 and officially comes into effect on 26th October 2024. This will place a legal duty on employers to take reasonable steps to prevent sexual harassment of their employees. The Act is intended to encourage employers to become proactive rather than reactive.
Steps that can be taken to prevent sexual harassment within the workplace can include;
Policies and procedures: A policy won’t change company culture but it’s still important to have written policies and guidance. Ideally these should define sexual harassment, give examples of what it is and outline everyone’s responsibilities for preventing and tackling it. These can be used to promote the organisation’s commitment and practices to prevent and educate the workforce about sexual harassment
Organisational and cultural change: Senior leaders have a clear influence on the working culture and set the tone for expectations around behaviour. They need to embed and live the values and behaviour that underpin dignity, respect and inclusion. Line managers also play an important role in identifying, challenging and dealing with unfair treatment including sexual harassment. They need to have the training, education and guidance to give them the confidence to tackle sexual harassment
Training and development - Regular training sessions for all staff so they understand what amounts to sexual harassment is in their role in preventing/addressing it and the expected standards of behaviour at work
Reporting channels and investigations: There should be well-promoted reporting channels for complaints which are responded to promptly, fairly and thoroughly. All subsequent investigations must take place swiftly and a clear message sent out that such behaviour will not be tolerated
Having a clear process for investigating complaints and taking any necessary action
Enhanced Compensation
Once implemented the Equality and Human Rights Commission (EHRC) will have the power to take enforcement action against the employer. Where an employee brings a successful claim for sexual harassment in the employment tribunal in circumstances where the employer has failed to take the necessary reasonable steps, any award of compensation can be increased by up to 25%, meaning that there is significant financial as well as reputational risk for employers that do not comply with the new duty.