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Understanding the Implications of the Worker Protection Act: New Responsibilities for Employers

Introduction

In a significant move towards safeguarding employees’ rights and fostering safer work environments, the Worker Protection (Amendment of Equality Act 2010) Bill received Royal Assent on October 26, 2023, officially becoming the Worker Protection (Amendment of Equality Act 2010) Act 2023. The primary objective of this act is to introduce a pivotal responsibility on employers to proactively prevent instances of sexual harassment in the workplace.

Effective from October 27, 2023, the Worker Protection (Amendment of Equality Act 2010) Act 2023 amends the Equality Act 2010, ushering in a new era where employers are mandated to take reasonable measures to thwart sexual harassment targeting their employees.

During its passage through the House of Lords, the act underwent crucial amendments. Originally, the bill mandated employers to take “all reasonable steps” to safeguard employees, but this requirement was modified to demand only “reasonable steps.” Furthermore, objections led to the removal of provisions concerning employer liability for harassment by third parties, eliminating this aspect entirely.

Among its provisions, the bill grants employment tribunals the authority to augment compensation by up to 25% when an employer is found in breach of the new duty to prevent sexual harassment. Expected to work in tandem with the Equality Act 2010 upon its implementation next year, the Worker Protection (Amendment of Equality Act 2010) Act 2023 represents a significant step forward in upholding workplace integrity and employee welfare.

This act is pivotal, setting a higher standard for employers in their commitment to creating safe and respectful workplaces. The focus on prevention sends a clear message, emphasizing the need for proactive measures to curb harassment, thus ensuring a more secure and supportive work environment for all employees.

For more information speak to our employment team. 

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