Worker Protection (Amendment of Equality Act 2010) Bill 2022-23

This legislation creates new legal liabilities for employers by treating an employer as harassing their employee if the employee is harassed in the course of their employment by third parties (such as customers or clients) and the employer fails “to take all reasonable steps to prevent the third party from doing so”.

It also creates a new corresponding duty on employers to “take all reasonable steps to prevent sexual harassment” of their employees in the course of their employment. This duty will be enforced by the Equality and Human Rights Commission (EHRC) but employment tribunals would also be allowed to apply an uplift of up to 25% to employees’ compensation in sexual harassment cases where the employer had failed to uphold this duty.

This law is effectively an addition to the Equality Act 2010 passed by the Labour Government (1997 to 2010) in that it restores the original proactive and preventive duties removed by the Coalition Government (2010-2015).

Senior Leadership and HR teams need to start preparing NOW. The legislation will takeeffect one year after it receives Royal Assent. This is currently expected to be 2024. Whilst this may seem a long way off embedding change takes time and no organisation can afford to wait till the legislation is in place before they take measures to ensure their policies, approach and above all staff behaviour is robust.

Senior Leadership and HR teams needs to work proactively to ensure:

• Policies and proceduresto support the implementation of the regulations are in place and understood by all.
• The organisation has the skills and experience in place to risk assess and audit current performance both in house and throughout their supply chain.
• That staff, clients/customers are well aware of their specific responsibilities and potential liabilities for breaches.
• That all levels of management:
  • Understand the tangible links with other types of harassment as defined in the Equality Act
  • Fully appreciate that other civil and criminal laws can be invoked by a victim of harassment including those dealing with health, safety & well-being as well as “hate crimes” or those dealing with incitement and/or personal injury
• Know where to obtain further advice, information and support.

All of the above will demand new processes, training and development to be put in place for all levels of management and staff. Indeed the senior leadership and HR teams may themselves benefit from attending CPD sessions. Concrew Training will be pleased to assist where required.

Concrew Training
February 2023