The Worker Protection (Amendment of Equality Act 2010) Act 2023 (“the Act”) has recently received Royal Assent and will come into force in October 2024.
The current law in the Equality Act 2010 provides employers with a defence to a harassment claim if they can show they have taken all reasonable steps to prevent the harassment from happening. However, there is currently no legal requirement to take such steps, it simply provides the employer with a defence if a claim of harassment is made against it.
However, from October 2024, employers will have a legal duty under the Act to take reasonable steps to prevent sexual harassment in the workplace. If employers fail to meet these legal requirements then the Equality and Human Rights Commission can take enforcement steps, and any successful claim against an employer in the Employment Tribunal will be subject to a compensation uplift of up to 25%. The consequences for employers are not only financially detrimental but could also seriously damage an employer’s reputation.
It is important to be aware that even where sexual harassment is carried out by a member of staff, employers can be held to be vicariously liable for the perpetrator’s harassment.
Although there is no definition of what amounts to “reasonable steps”, the Equality and Human Rights Commission are expected to publish guidance on the same. What is clear, however, is that a far more proactive approach is required by employers. Training should be given, internal policies should be in place, and employers may even need to take steps to conduct internal investigations where there may be wider cultural or systemic issues relating to sexual harassment.
The Act is due to come into force in less than a year, and it is important for employers to prepare and be fully aware of their obligations from as early a stage as possible. Our Employment team can provide training on harassment for management and staff and can assist in updating or drafting policies on sexual harassment to ensure companies are fully compliant with their legal obligations.
If you’re an employer and need further clarification on these changes or assistance in implementing them, speak to us about our TE Assist package and how it can benefit you.