The Worker Protection (Amendment of Equality Act 2010) Bill 2023

When does it take effect?

The Worker Protection (Amendment of Equality Act 2010) Act 2023 is expected to come into force in October 2024.

What do we need to know?

• The Act amends the Equality Act 2010 to;
  • introduce a new, proactive duty on employers to take ‘reasonable steps’ to prevent sexual harassment in the course of employment, and;
  • give Employment Tribunals the power to uplift sexual harassment compensation by up to 25% where an employer is found to have breached this duty.
• This new duty will raise the existing threshold and expectations on the proactive steps that employers must take to root out and challenge sexist or discriminatory behaviour, workplace cultures and norms.

What do we need to do to prepare?

• The new proactive duty to prevent sexual harassment is likely to mean that existing Diversity, Equality and Inclusion policies will benefit from some strengthening and updating.
• Raise awareness amongst managers about what the new proactive duty is likely to mean in practice. Those with managerial responsibilities should feel empowered and supported to act as the ‘eyes and ears’ of the organisation, ready to address inappropriate comments or behaviours even where it may feel uncomfortable.
• Visible support from senior leadership will be key.  For the health of the organisation, the more that can be done to champion and embed diversity, equality and inclusion values into workplace culture, the better. This can also make all the difference when defending a discrimination claim in the Employment Tribunal.

Explore more updates in this issue of Employment Matters below.

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