Skip to main content

News story

April 25, 2023

Significant duties set to fall on employers

The Worker Protection (Amendment of Equality Act 2010) Bill. A Private Members' Bill (Ballot Bill) which originated in the House of Commons, Session 2022-23

The Worker Protection Bill (Amendment of Equality Act 2010) continues to gather momentum. It had its second reading in the House of Lords in March 2023. 

The Worker Protection Bill has Government support and will reintroduce employer liability for the harassment of employees by third parties (such as clients, customers or suppliers), but without the need for the employer to have known of previous occasions of harassment. It is a high bar for employers to meet.

There is also a new mandatory duty for employers to take all reasonable steps to prevent sexual harassment of their employees during their employment. The Equality and Human Rights Commission may enforce any breach of this duty under its existing enforcement powers and, where a claim for sexual harassment is upheld, by an Employment Tribunal.

Furthermore, where the Employment Tribunal upholds such a claim, it will have the power to order an uplift in compensation of up to 25% where it finds that the employer breached the duty to take reasonable steps to prevent sexual harassment.

To strike some balance for businesses, the Worker Protection Bill, as it stands, provides that employers will not be liable for the expression of certain opinions, in conversations or speech, by others in the workplace. However, the Bill is currently at the ‘committee stage’ in the House of Lords, which involves a detailed line-by-line examination of the Bill. As a result, it may still be subject to further amendments.

The Worker Protection Bill will come into effect a year after the day it obtains Royal Assent. Therefore, it makes strong sense for businesses to become familiar with the provisions of the Bill and take proactive steps now to prepare for it.

Companies must implement robust policies and collate evidence of any actions to prevent harassment, such as regular training events to raise staff awareness.

Call employment lawyer Karen Cole to health check your company and advise you what to do.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • What is the Employment Rights Bill 2024?
    The Employment Rights Bill 2024 marks a pivotal moment in UK employment law, promising the most significant reforms in over three decades


    Read more
  • Autumn Budget Statement 2024
    Key implications for employment law, property law, and estate planning


    Read more
  • Disclosure against warranties in UK corporate transactions
    In UK corporate transactions, disclosure of information is a vital strategy for sellers to shield themselves from warranty claims when selling their shares or business.


    Read more
  • How the Employment Rights Bill 2024 impacts employers and businesses
    The government’s new Employment Rights Bill outlines significant changes to employment laws, focusing on workers' rights and flexibility.


    Read more
  • Business First Magazine
    Autumn/Winter 2024 Edition


    Read more

What they say...

  • Stephen, November 2024
    “Outstanding family lawyer who came through for me in a difficult case. In the world new to me of divorce and the aftermath, [Pippa Marshall] provided excellent advice from the first call and right through to conclusion. She made a difficult ex

  • M. M. Homes, November 2024
    “Charlotte explained everything very clearly and made the whole process nice and easy. Have already started recommending her to my friends.” Wills and LPAs

  • Nim, November 2024
    “I highly recommend James McMullan and his team. They all did a fantastic job with helping me through a particularly difficult family situation. They are extremely professional, caring, and experts in their field.” Probate and contentious

  • Man Kiu Wan, November 2024
    “Thank you Charlotte for your excellent and professional services.” Probate

  • Ms K, November 2024
    “I was recently made redundant, and my company had handled some of the process quite poorly. Patrick came recommended by a friend who had used him during her own redundancy, and I can now wholeheartedly recommend him myself. His initial consult

Read more
Send this to a friend