Worker Protection (Amendment of Equality Act 2010) Act
Employment Update By Kate Palka
A new, positive duty to take reasonable steps to prevent employees from being harassed comes into force in October 2024.
A defence is available to employers who have taken “all reasonable steps” to prevent such acts taking place.
A new statutory Code is to be published by the EHRC and they will have power of enforcement action against employers who fail to comply. This will give guidance on the steps employers can take.
A compensation uplift of 25% on (uncapped) compensation will be applied for those who fail to comply.
Note that Labour have said that they would re-introduce specific liability for third party harassment. They would also make it a duty to take “all” reasonable steps to prevent sexual harassment.
What are reasonable steps?
For all employers, it will require a multi-dimensional approach. It could include:
- A strong message from management about the zero-tolerance culture;
- Analysis of existing data to identify risk areas e.g., where roles frequently interact with third parties;
- A staff survey to ascertain whether employees feel confident to report incidents, and if not why;
- Refreshed, mandatory training to all staff tailored to the different populations: senior management, line managers, HR, new joiners. Employers should keep a record of the training delivered, and those who attended;
- Specially trained members of staff who act as ambassadors for anyone who wants to chat about sexual harassment on a confidential basis;
- A review of confidentiality arrangements;
- Regular evaluation of anti-harassment/dignity at work policy;
- A step plan to demonstrate to a tribunal everything that has been done to eliminate sexual harassment.
Get in touch
We can evaluate your anti-harassment/ dignity at work policy and help you to develop practices within your organisation that demonstrate your commitment to eliminating and tackling sexual harassment.
Please contact us on 020 3056 8538 or info@thelegaldirector.co.uk for further information and download our ‘Your People’ guide here.
