What is the Worker Protection (Amendment of Equality Act 2010) Bill?

New legislation set to tackle harassment in the workplace. 

New legislation is set to place greater responsibility on organisations to protect employees against harassment, including sexual harassment. Employers are being urged to prepare in advance, given the proposed legislation is set for its third reading in February and is expected to become law next year.   

Harassment in the workplace is prohibited under the Equality Act 2010, and once passed, the Worker Protection (Amendment of Equality Act 2010) Bill 2022-23 will extend the range of safeguards for employees. One safeguarding factor is protection against third-party harassment during the course of employment (for example, by customers or clients.) The employer may be liable if they fail to take all reasonable steps to prevent the third party from doing so.

The Bill also tackles sexual harassment suffered by employees during their employment. The legislation will include a new duty on employers to take all reasonable steps to prevent such harassment.  

While the Bill is still going through parliament, employers should be gearing up in readiness and ensuring they have the right processes in place. The benchmark is likely to be high to encourage employers to tackle workplace discrimination proactively. While the term 'all reasonable steps' is not defined by statute, we know from existing case law what is expected of an employer. Any tribunal will look for robust policies and evidence of the steps taken to actively prevent harassment.  

It all adds up to a challenging new round of legislation for employers. The harassment by third parties can relate to someone over whom the employer has no direct control, with liability set to apply whether or not the employer is aware of the actions of the third party.

Penalties may also be higher for any employer found to have breached their duty for any sexual harassment claim. An uplift of up to 25% of the compensation award is being proposed to be added on.

Please get in touch with our team today if your business needs help and guidance to prepare for the proposed Worker Protection (Amendment of Equality Act 2010) Bill. We can advise on how to prepare best based on your company's current circumstances and resources. We have a team of specialised Employment Litigation Lawyers available in our Southampton office. 

Call 023 8063 9311 or email employment@warnergoodman.co.uk.