The Sexual Harassment Worker Protection (Amendment of Equality Act 2010) Act 2023

• The Sexual Harassment Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into effect on 26th October 2024.

• This legislation places a requirement on all employers to take reasonable steps to prevent harassment in their workplace. 

• Employers need to take preventative steps rather than wait for a problem to arise and react to it.  Compliance will be policed by the Equality and Human Rights Commission (EHRC).  See the EHRC’s guidance here.

• The EHRC have powers to investigate an employer and issue an enforcement notice where an employer is found to have breached the Act.  Where a breach occurs, the employer will be required to take remedial action to avoid repetition of such a problem. 

• The EHRC can invoke a formal, legally binding agreement with an employer to prevent future unlawful acts and, in extreme cases obtain an injunction through the courts to restrain an employer from committing an unlawful act. 

• Where the harassment claim forms part of a claim to Tribunal and the employer is found to have failed in its preventative duty, the Tribunal can uplift the compensation paid to the worker under the Equality Act 2010 by up to 25%.

Reasonable steps will include the implementation of policy and procedure around risk assessment and preventative measures.  Contact Aspire on 0121 445 6178 or enquire@aspirepartnership.co.uk to discuss your requirements.