The purpose of this quick guide is to provide an overview of the Worker Protection (Amendment of Equality Act 2010) Act 2023.
Within this guide, the legislation will be referred to as the Worker Protection Act 2023.
The resource provides a summary of the Act along with an overview of its implications for the workplace. It also offers suggestions as to what your organisation can do to be proactive and prepare for the enforcement of the Act.
What is the Worker Protection Act 2023?
The Worker Protection Act 2023 is an amendment of the Equality Act 2010 that was passed on 26 October 2023. As an amendment to the Equality Act 2010, it covers England, Scotland, and Wales, but it does not apply in Northern Ireland. For more information on the Equality Act 2010, see enei’s Employer Guide: Equality Act 2010.
What are the key points of the Worker Protection Act 2023?
The Worker Protection Act 2023 puts in place measures – identified as reasonable steps – employers must take to prevent sexual harassment in the workplace. Note that the Worker Protection Act 2023 does not cover harassment associated with other characteristics protected under the Equality Act 2010.
What are reasonable steps?
As part of the reasonable steps of prevention, the EHRC Consultation: technical guidance on sexual harassment and harassment explains, “The preventative duty is an anticipatory duty. Employers should not wait until an incident of sexual harassment has taken place before they take any action. The duty requires that employers should anticipate scenarios when its workers may be subject to sexual harassment in the course of employment and take action to prevent such harassment taking place. If sexual harassment has taken place, the preventative duty means an employer should take action to stop sexual harassment from happening again. However, if an employer fails to take reasonable steps to comply with the preventative duty, there are consequences.”
The original version of the bill stated that employers must take all reasonable steps to prevent sexual harassment in the workplace. However, the word ‘all’ is not included in the final version of the Worker Protection Act 2023, although this may be amended in the future.
What is sexual harassment?
Sexual harassment can come in the form of unwanted conduct (from an individual of any gender) that is sexual in nature. This can include:
- The invasion of personal space;
- Inappropriate touching;
- Serious assault;
- Intrusive questions or remarks about a person’s sex life;
- Comments or ridicule about appearance or dress;
- Unwanted sexual advances;
- Sexually explicit remarks or innuendoes;
- Pressure for sexual favours;
- Displays or distribution of pornographic or sexually suggestive material; or
- The use of demeaning, gender-specific terminology.
In addition to covering actions committed by another worker, the bill includes liability for harassment by third parties (such as customers or suppliers) or agents (such as consultants) acting on behalf of the employer. For more information, including additional explanations of sexual harassment, see enei’s Employer Guide: Harassment, Bullying, and Victimisation.
Actions for employers
The Worker Protection Act 2023 became law on 1 January 2024. It came into force on 26 October 2024.
The Equality and Human Rights Commission (EHRC) has taken responsibility for enforcement. Under the Worker Protection Act 2023, employers will be penalised for breaching their legal duty and failing to take reasonable steps to prevent sexual harassment.
If an employee succeeds in an employee tribunal claim of sexual harassment due to a breach under the Worker Protection Act 2023, then compensation for the violation could be increased by up to 25%. Additional details regarding enforcement and other measures are explained in the EHRC’s updated Sexual harassment and harassment at work: technical guidance, which was published on 26 September 2024.
Conclusion
With the passage of the Worker Protection Act 2023, employers may benefit from taking proactive steps, such as evaluating their existing policies, undertaking risk assessments, reviewing their complaint procedures, and implementing staff training on sexual harassment. This may help organisations prepare for the EHRC’s enforcement of the Act.
The information contained within this resource was accurate at the time of its publication. It was created in January 2024 and updated in October 2024.
External resources
- Browne Jacobsen, A positive duty to prevent sexual harassment, 6 November 2023
- CIPD, People manager guide: How to tackle sexual harassment, 16 July 2024
- D&I Leaders, Equality law at work—what to expect in 2024 by Homa Wilson, 29 December 2023
- EHRC, Consultation: technical guidance on sexual harassment and harassment at work, 9 July 2024
- EHRC, Sexual harassment and harassment at work: technical guidance, 26 September 2024
- EHRC, Sexual harassment and the law: Guidance for employers, 2017
- Gov.uk, Office for Equality and Opportunity, New protections from sexual harassment come into force, 26 October 2024
- Legislation.gov.uk, Equality Act 2010
- Legislation.gov.uk, Worker Protection (Amendment of Equality Act 2010) Act 2023, 26 October 2023
- Mondaq, UK: New Harassment Laws: What Should You Do To Prepare? by Ed Mills, Tim Gilbert, Siân Keall, Ailie Murray, and Adam Wyman of Travers Smith LLP, 31 October 2023