Understanding the Worker Protection (Amendment of Equality Act 2010) Act 2023: Preventing Sexual Harassment in the Workplace

In recent years, there has been a growing push to create safer, more respectful workplaces free from harassment. The UK government has responded by strengthening protections against workplace harassment with the Worker Protection (Amendment of Equality Act 2010) Act 2023. This new amendment brings important changes to the Equality Act 2010, aiming to provide workers with greater protection from sexual harassment and placing new responsibilities on employers to proactively prevent such behaviours.

This blog will unpack what the amendment means, the new obligations it imposes on employers, and how it can contribute to a safer work environment.

Overview of the Worker Protection (Amendment of Equality Act 2010) Act 2023

The Worker Protection (Amendment of Equality Act 2010) Act 2023 (hereafter referred to as the “Amendment Act”) was introduced to address gaps in the Equality Act 2010 regarding workplace harassment. Previously, the Equality Act 2010 offered protections against discrimination and harassment but placed limited emphasis on proactive measures to prevent harassment before it occurs. The Amendment Act now enhances the legal framework, focusing specifically on preventing sexual harassment in the workplace and ensuring a safer, more inclusive environment.

The Amendment Act includes three primary provisions:

• Reinstating employer liability for third-party harassment.
• Introducing a proactive “duty to prevent” harassment, requiring employers to take steps to prevent sexual harassment.
• Granting employees greater recourse for complaints, including an increase in potential damages where harassment is proven.

Key Provisions of the Amendment Act

1. Employer Liability for Third-Party Harassment

Under the previous framework, employers were only liable for harassment by third parties (e.g., customers, clients, contractors) under limited circumstances. This provision was removed from the Equality Act in 2013, creating a gap in protection.

The Amendment Act reinstates this liability, making employers responsible for protecting their employees from harassment by third parties. If an employee experiences sexual harassment from a third party and the employer has not taken reasonable steps to prevent it, the employer may be held liable. This is a crucial development, as it recognises that harassment does not always come from within the organization and that employers must safeguard employees in all interactions related to their work.

2. Duty to Take All Reasonable Steps to Prevent Harassment

The Amendment Act introduces a new legal duty for employers to take “all reasonable steps” to prevent sexual harassment in the workplace. This proactive requirement is intended to encourage employers to establish a workplace culture where harassment is less likely to occur. To comply with this duty, employers must adopt preventive measures, including:

• Clear Anti-Harassment Policies: Outlining what constitutes sexual harassment, the consequences of such behaviour, and the steps an employee should take if they experience or witness harassment.
• Regular Training and Education: Providing employees and management with training on what sexual harassment is, why it’s unacceptable, and how to prevent and respond to it.
• Effective Reporting Mechanisms: Creating clear, accessible channels for employees to report harassment confidentially and without fear of retaliation.
• Prompt and Thorough Investigations: Ensuring that all complaints are taken seriously and investigated swiftly and fairly, with corrective action taken where necessary.

By mandating a proactive approach, this duty shifts the focus from reacting to incidents after they occur to preventing them in the first place, fostering a safer and more respectful environment.

Enhanced Legal Recourse for Workers

The Amendment Act also provides employees with greater recourse if they experience sexual harassment. Employees now have additional options for taking action against their employers if they believe their employer has not met its obligations under the duty to prevent harassment.

The Amendment Act introduces the potential for increased damages awarded in successful harassment claims, specifically where employers have failed to take reasonable preventive measures. This not only supports victims but also serves as a deterrent for employers who may otherwise overlook their duty to maintain a harassment-free workplace.

The Importance of the Amendment Act in Modern Workplaces

The Worker Protection (Amendment of Equality Act 2010) Act 2023 is a significant step forward in the fight against workplace sexual harassment. This law acknowledges that a truly safe workplace requires proactive efforts and shared responsibility. Here’s why this amendment is essential:

• Fostering Safer Work Environments: By holding employers accountable, the law encourages workplaces to actively create and maintain safe spaces for employees, rather than simply responding to issues after they arise.
• Empowering Employees: Knowing there are stronger protections and that their employer has a legal duty to prevent harassment can give employees greater confidence to speak up if they experience or witness harassment.
• Encouraging Accountability: The threat of legal and financial repercussions can motivate employers to take harassment prevention more seriously, knowing that inaction could have costly consequences.
• Setting a New Standard for Workplace Culture: With a clear legal duty in place, businesses are encouraged to prioritize respect, inclusion, and safety, which can improve morale, productivity, and overall workplace culture.

How Employers Can Meet Their Obligations Under the Amendment Act

To comply with the Amendment Act, employers should take the following steps to create a harassment-free environment:

• Develop and Communicate Policies: Draft clear, comprehensive anti-harassment policies and ensure that all employees understand them. Consider making these policies easily accessible and reviewing them regularly.
• Conduct Regular Training: Annual or semi-annual training sessions on preventing and recognizing harassment can help reinforce standards. Tailor these sessions for different levels within the organisation to maximise understanding.
• Establish Reporting Systems: Create a straightforward, confidential reporting system where employees can feel safe to report any issues. Ensure that the process is unbiased, transparent, and includes options for anonymity.
• Monitor Workplace Culture: Regularly check in with employees, conduct surveys, and be observant of the workplace culture to identify any early warning signs of inappropriate behaviour.
• Document Preventive Efforts: Keep records of all training sessions, policy communications, and any preventive measures undertaken. Documentation is essential for demonstrating compliance with the “duty to prevent” if a harassment case arises.

Conclusion: Building a Future of Respect and Safety

The Worker Protection (Amendment of Equality Act 2010) Act 2023 is a landmark piece of legislation that strengthens protections against workplace harassment, emphasising the importance of proactive prevention. This new legal duty challenges employers to go beyond mere policymaking and encourages them to create a workplace environment where respect and safety are prioritised.

For businesses, this law represents an opportunity to make positive changes that can attract talent, enhance productivity, and build a supportive, inclusive workplace culture. For employees, it provides reassurance that they have stronger protections and recourse if they encounter harassment. Together, with commitment from employers and awareness among employees, we can create a future where every worker feels respected and safe at work.