The Worker Protection (Amendment of Equality Act 2010) Bill was originally introduced on 15 June 2022 by Liberal Democrat MP Wera Hobhouse as a Private Member’s Bill, presented to Parliament through the ballot procedure.
More recently, on 26 October 2023, the Bill received Royal Assent and became the Worker Protection (Amendment of Equality Act 2010) Act 2023. In layman’s terms, Royal Assent refers to the formal approval of the act of legislature by the Monarchy either directly or through an official acting on the monarch’s behalf. In even simpler terms, the Bill has been passed by the powers that be!
The ascension of the bill effectively amends the Equality Act 2010 to extend the protection given to workers under the Equality Act to include all workers, regardless of their employment status. This means that protections will extend to those who are self-employed, interns, or working on a zero-hour contract.
Workers’ protections against discrimination and harassment are currently based on protected characteristics such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation will now be strengthened and protected by law.
Whether you’re an employer or employee, here’s what you need to know about the new protections.
What’s the aim of the new Bill?
The main objective of this Bill is to enhance the protection of workers against discrimination in the workplace, and can be broken down into three main areas of interest:
- The Bill imposes a new duty on employers to take all reasonable steps to prevent sexual harassment in the workplace – not just from colleagues, but from all third parties, such as clients, customers and members of the public.
- The new legislation enables employment tribunals to increase sexual harassment compensation by up to 25% if an employer breaches this new duty.
- Amendments in the House of Lords have since watered down protections under the Act, but the new legislation will come into force in October 2024.
However, some warn that this is likely to create increased pressure for employers, especially small businesses, so it’s good to brush up on all the latest changes in legislation so you can manage any obligations you might have as an employer.
What will change?
When originally passed, the Equality Act 2010 contained provisions which placed a legal duty on employers to protect their employees from harassment from third parties.
However, this provision was deemed “unworkable” and was repealed in 2013 whereby the House of Lords made two amendments to the final version of the bill, removing the proposed liability of employers for third-party harassment in the workplace.
Now, instead of employers being relieved of vicarious liability for their employees if they have taken “reasonable steps” (rather than what was previously “all reasonable steps”) you’ll have a positive duty to take such steps to prevent sexual harassment.
In essence, the onus placed on businesses to protect employees was seen as beyond their scope of duty, so it has since been decided that the business will only be deemed liable if a third party harasses an employee in the course of their employment if the employer has failed to “take reasonable steps to prevent the third party from doing so”.
In addition, the Bill seeks to place a legal duty on employers to protect employees from conduct that creates an intimidating, hostile, grossly offensive, degrading, humiliating or offensive environment, by even a third party such as the general public.
This amendment will mean that any sanctions imposed on your business that fail to take reasonable steps to prevent sexual harassment will face harsher implications. In the case that an employee brings a successful claim for compensation, there is now scope for compensation to be increased by up to 25% which can result in hefty fines and legal fees. This will be enforceable by the Equality and Human Rights Commission, the equalities watchdog.
What constitutes sexual harassment?
The definition of sexual harassment hasn’t exactly been made clear, so it can be a little tricky to understand.
However, the Equality and Human Rights Commission (EHRC) is considering a change to the legal definition of sex, which has implications for the protections afforded by the Equality Act 2010 and therefore the proposed Bill. The EHRC Chair, Kishwer Falkner, stated that “a change to the Equality Act 2010, so that the protected characteristic of ‘sex’ means biological sex, could bring clarity in a number of areas, but potential ambiguity in others.” This is potentially a step backwards for those with the protected characteristics of gender reassignment and one to be aware of.
Another notable addition will be the duty of employers to make reasonable adjustments for job applicants and employees who are at a disadvantage due to a protected characteristic. This will help to ensure that those who have a physical or intellectual disability including conditions like ADHD, Autism, MS and long-covid for example, are not unfairly disadvantaged in the workplace.
Another part of this proposed legislation is introducing a new process that will allow workers to bring claims against their employers for discrimination to an employment tribunal. This will make it easier for individuals to seek remedies if they think their employer has treated them unfairly.
How can employers prepare for these changes?
The Act will come into force in October 2024, and as this is an important piece of legislation, a statutory Code of Practice will be released to support you in updating your policies.
In the meantime, you can take several steps to prepare for changes that may bring about an increased responsibility to protect your employees from harassment. Here are a few recommended actions:
Review and update policies
It can be helpful to review and audit policies and procedures related to harassment and discrimination in the workplace, making sure they are up-to-date and compliant with any changes to the law. Ensuring that all company policies include clear guidelines on what constitutes harassment, how to report incidents and the consequences of engaging in such behaviour will help you to keep your team engaged and aware.
Provide training
Another way to increase awareness is through regular training on harassment prevention. It’s worthwhile making training on the topic available to all employees including managers and supervisors, and should include information on identifying and reporting harassment, as well as on the employer’s policies and procedures for dealing with complaints.
Foster a culture of respect
It goes without saying that as employers, we should all foster a culture of respect and safety in the workplace. Regularly sharing resources on the importance of treating all employees with dignity and respect, regardless of their gender, race, age or other protected characteristics can help keep the topic front of mind.
Respond promptly to complaints
It’s important to introduce a clear process for investigating and responding to complaints of harassment or discrimination. Publishing and communicating the guidelines around such processes in a dashboard or company feed will help to ensure employees can easily refer to information and consistently follow them. It’s a good idea to provide multiple reporting channels for employees to report sexual harassment, such as reporting to their manager, HR representative or an anonymous channel to ensure they have a safe space to do so.
Take action against offenders
If such an incident does occur, taking swift and appropriate action against individuals who engage in harassment or discrimination is essential in ensuring the liability doesn’t fall on you as an employer. Such actions often include the termination of employment if necessary, and it’s good to note that in these instances businesses will need a robust policy for handling grievances and misconduct.
Assess risks
Another way to remain compliant is to carry out a risk assessment on the different types of roles to assess how they will interact with third parties, to determine the risk of harassment. If needed, steps can be taken to reduce risks.
By taking these actions, employers can demonstrate their commitment to protecting their employees against harassment and discrimination, and ensure that they are prepared for any changes to the law that may increase their responsibility in this area.
Ways employers can prevent and stop workplace sexual harassment
Regardless of this government-committed change in legislation, as employers we have a positive duty and ethical obligation to prevent unwanted conduct and to prevent harassment.
Here’s a quick tick list of best practices when it comes to eliminating workplace sexual harassment:
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Develop and communicate a clear policy against sexual harassment
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Establish multiple reporting channels
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Provide support to victims of sexual harassment
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Conduct regular training
When employers create a workplace culture that is free from sexual harassment, this provides a psychologically safe environment where all employees can feel safe and valued. Safe, inclusive workplaces for all are what we are here for.
The ascension of the Bill affords greater protection to workers against discrimination in the workplace. It means employers will have a specific legal duty to ensure no one is unfairly disadvantaged or treated unfairly due to their protected characteristics and is an important step towards strengthening worker protection in the UK.
Using HR software can facilitate better communication and increase transparency within businesses, as well as improve compliance, helping organisations respond quickly and efficiently to any reported incidents. Want to find out more about how Employment Hero can help you cultivate a safe and happy workplace culture? Talk to one of our business specialists today!
