Important Update: Worker Protection (Amendment of Equality Act 2010) Act 2023

Compliance Deadline: 26th October 2024

Key Changes and Implications for Employers

The recent amendments to the Equality Act 2010 introduce significant changes that employers need to be aware of and comply with by the 26th of October, 2024. Here’s what you need to know:

1. Duty to Take Reasonable Steps to Prevent Sexual Harassment

Employers now have a duty to take reasonable steps to prevent sexual harassment in the workplace. This proactive measure requires employers to shift their focus from reacting to incidents to actively preventing them.

2. Increased Claim Compensation

If an employer fails to take these reasonable steps, employment tribunals can now increase sexual harassment compensation by up to 25%. This is a significant change aimed at incentivizing employers to take their responsibilities seriously.

  • Important Note: Employees cannot make a freestanding claim under this Act. Any claim for a breach of this new duty must be attached to an existing harassment claim.
  • If an employee brings a claim for multiple forms of harassment (e.g., based on age or sexual orientation), the 25% uplift in compensation will apply not only to the sexual harassment element but to all compensation awarded for the claim. This could result in a substantial increase in potential compensation.

3. Third-Party Harassment Liability

While the Act has removed the express requirement for employers to prevent third-party harassment, employers should note that they may still be liable under existing legislation. This liability arises if they fail to adequately handle complaints from employees regarding third-party harassment.

Ensuring Compliance

To comply with these new regulations and avoid significant increases in potential compensation liabilities, it’s crucial to:

  1. Educate and Train your staff about the changes and their responsibilities.
  2. Implement Proactive Measures to prevent sexual harassment in your workplace.
  3. Review and Update Policies to align with the new legal requirements.
  4. Address Complaints Promptly and effectively to minimise risks associated with third-party harassment.

At Our HR 4 U, we understand the complexities and demands of managing HR compliance. Our team is ready to help you navigate these changes seamlessly.

Contact us today for a FREE consultation:

📞 Call: 01227 638858

📧 Email: enquiries@ourhr4u.co.uk

Let’s ensure your business remains compliant, efficient, and a safe place to work.

For more information and tailored HR solutions, reach out to us at Our HR 4 U. Your success is our priority.

Published : Aug 5, 2024

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