Quick Reminder
Just as a reminder the Worker Protection (Amendment of Equality Act 2010) Bill original proposed to:
- Re-introduce protection against harassment of employees by third parties, and this would go further then the previous provisions in that employers could be held liable where a harassing act happened on the first occasion.
- Introduce a proactive duty for employers to take all reasonable steps to prevent sexual harassment in the workplace
During the passage through Parliament the provision to re-introduce employer’s liability for harassment of their employees by third parties was removed altogether, and as a result there will be no change to the current law.
The introduction of the duty for employers to take reasonable steps in the workplace to prevent sexual harassment remains, however this was ‘downgraded’ from the obligation for employers to take ‘all reasonable steps’ to ‘reasonable steps’.
What is the latest development?
The Bill received Royal Assent on 26th October 2023, which means the Act, and therefore the provisions regarding sexual harassment will come into force in October 2024.
The Act will amend the Equality Act 2010 to:
· Introduce a duty on employers to take reasonable steps to prevent sexual harassment of their employees.
· Give employment tribunals the power to uplift sexual harassment compensation by up to 25% where an employer is found to have breached the new duty to prevent sexual harassment.
Please look out for further information on these proposed changes and how HR Connect can help you meet your legal obligations.