As we approach October 26, 2024, a significant change is on the horizon for employers in the United Kingdom.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 is set to come into force, ushering in a new era of workplace protections.
In this blog post, I will delve into the details of this legislation, focusing on an employer’s duty to prevent sexual harassment and the potential impacts it may have.
When do the changes take place?
From October 26, 2024, the Worker Protection Act will be fully operational and:
“Employers need to be prepared to comply with the new legal requirements promptly”. [1]
What duties do employers have?
Under the Worker Protection Act, employers will have a proactive legal duty to take reasonable steps to prevent sexual harassment of their workers.
“This duty extends beyond just addressing harassment by colleagues; it also includes protecting workers from harassment by third parties, such as customers, clients, or members of the public.”[2]
In essence, employers must actively create a safe and respectful work environment that actively prevents sexual harassment.
What are the potential impacts of the changes?
The implications of this legislation are significant and employers who fail to meet their duty to prevent sexual harassment may face legal consequences.
Employment tribunals will have the authority to increase compensation by up to 25% if they find that an employer breached this duty[3].
This financial penalty underscores the seriousness of the obligation and emphasises the need for proactive measures.
What is the Employment Rights Bill?
The Employment Rights Bill is a crucial piece of legislation introduced by the UK government. It aims to ban exploitative practices and enhance employment rights.
Among its provisions are measures to address issues like zero-hour contracts, parental leave, sick pay, and unfair dismissal.
While not directly related to sexual harassment, the broader context of improving workers’ rights aligns with the spirit of the Worker Protection Act.[4]
What are the differences between the Equality Act 2010 and the Worker Protection Act 2023?
The Equality Act 2010 already prohibits sexual harassment, but the Worker Protection Act goes further. Here are the key distinctions:
· Proactive Duty: The Worker Protection Act introduces a proactive legal duty for employers to prevent sexual harassment, whereas the Equality Act primarily relies on individual workers making complaints after experiencing harassment.[5]
· Third-Party Harassment: The new duty explicitly requires employers to protect workers from harassment by third parties (e.g., clients, customers), which was not previously covered under the Equality Act.[6]
What is harassment in the workplace?
Harassment in the workplace encompasses behaviour that makes someone feel intimidated, offended, or uncomfortable. It can take various forms, including spreading rumours, unfair treatment, or undermining someone’s dignity.
Under the Equality Act 2010, harassment related to protected characteristics (such as age, sex, disability, race, etc.) is unlawful.[7]
What is Labour’s “Plan to Make Work Pay”?
Labour’s plan aims to enhance workers’ rights and improve their economic well-being.
While not directly tied to the Worker Protection Act, both initiatives share a common goal: ensuring fair treatment and dignity for workers.
The plan includes measures like banning zero-hour contracts, enhancing parental leave rights, and promoting flexible working arrangements.[8]
Is there any legislation protecting women from workplace sexual harassment?
Yes, the Equality Act 2010 provides protection against sexual harassment for all employees, regardless of gender. However, the Worker Protection Act strengthens these protections by imposing a proactive duty on employers and explicitly addressing third-party harassment.[9]
Struggling to update your company HR policy with changing legislation?
The Worker Protection Act represents a significant step forward in safeguarding workers from sexual harassment.
Employers must now familiarise themselves with their new responsibilities, update policies, and actively create respectful workplaces.
If you would like to work together improving your company policies and getting prepared for all the forthcoming changes, then get in touch!
[2] Ibid
[3] Ibid
[4] Ibid
[5] Ibid
[6] Ibid
[7] Ibid
[8] Ibid
[9] Ibid
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