The Worker Protection (Amendment of Equality Act 2010) Act
Joanna Rose · Posted on: October 15th 2024 · read
The Worker Protection (Amendment of Equality Act 2010) Act will introduce a new proactive duty on employers to take reasonable steps to prevent sexual harassment (i.e., unwanted conduct of a sexual nature) of employees in the course of employment, in force from 26 October 2024.
When originally drafted the legislation included a new duty to prevent harassment with provisions that would re-introduce employment liability for third party harassment, but these were removed before it was enacted. Taking into account that "third parties" include customers, clients, suppliers, patients in medical settings etc., that leaves a considerable hole in protection for many workers.
The October 2024 amendment builds on the existing Equality Act 2010 by placing a more proactive responsibility on employers to prevent harassment rather than simply responding to complaints.
Here’s a breakdown of what this means:
- Reasonable Steps: Employers are required to take "reasonable steps" to prevent sexual harassment. This means they need to proactively address and mitigate the risk of harassment happening. It’s not enough to have a policy in place; employers must actively ensure that it’s effective and that their workplace culture supports this.
- Workplace Culture and Training: Employers should create a workplace culture that does not tolerate harassment. This involves implementing comprehensive training programs for employees and managers, ensuring clear procedures for reporting harassment, and regularly reviewing and updating policies.
- Policy and Procedures: Having an anti-harassment policy is crucial. This policy should be clear, accessible, and include procedures for reporting and addressing complaints of harassment. Employers should also ensure that all employees are aware of the policy and know how to use it.
- Support and Remedies: Employers should provide support for individuals who experience harassment and offer appropriate remedies. This might include counselling, adjustments to the work environment, or other forms of support to ensure the individual’s safety and well-being.
- Monitoring and Evaluation: Regularly assess the effectiveness of harassment prevention measures and make improvements as needed. This involves monitoring the workplace environment and evaluating the impact of training and policies.
Failing to take reasonable steps to prevent sexual harassment could lead to liability for employers, including potential claims by employees who experience harassment despite the employer's supposed efforts. Therefore, it’s important for you to be proactive and diligent in addressing these issues.
If you need support drafting or reviewing existing policies and looking at ways to monitor the effectiveness of a policy and any other measures in place, HR Solutions could work with you to review the information to ensure that they meet the required standards. HR Solutions can also support you with internal training as required.
