Amendment to the Equality Act 2010

Coming in to force on 26th October 2024, The Worker Protection (Amendment of Equality Act 2010) Act 2023 makes changes to the legal landscape regarding sexual harassment in the workplace. These amendments will establish a new responsibility for employers, large or small.

Sexual harassment occurs when a worker is subjected to unwanted conduct which is of a sexual nature. The conduct need not be sexually motivated, only sexual in nature.

Known as a ‘preventative duty’, an employer will be required to take reasonable steps to prevent sexual harassment of employees in the course of their employment. What these ‘reasonable steps’ are is not defined by the legislation, but it is recommended as a minimum, employers should:

• Review and update or implement harassment policies.
• Ensure all staff receive training on sexual harassment and acceptable workplace conduct.
• Ensure managers are trained to understand their responsibility.
• Ensure effective processes are in place for addressing and investigating complaints of sexual harassment promptly and impartially.

Failure to take reasonable steps to prevent sexual harassment, could result in an employer facing a penalty of an additional 25% in damages for an employee who successfully claims any form of workplace sexual harassment.

For more information, please see the Equality and Human Rights Commission’s technical guidance here.