Upcoming Changes – Sexual Harassment in the Workplace

Since launching a consultation in July 2019, the UK Government has been supportive of implementing changes to the existing Equality Act 2010 in respect of preventing sexual harassment in the workplace.

Provided that the proposed amendments are approved, the Worker Protection (Amendments of Equality Act 2010) Bill will receive Royal Assent and be referred to as the Worker Protection (Amendments of Equality Act 2010) Act 2022. 
Although the changes are not expected to come into force until 2024, we have outlined below some of the key amendments to the Equality Act 2010.

Probably one of the most fundamental changes is the positive duty to be imposed on the employer to prevent their employees from experiencing sexual harassment in the workplace. The employer will have to demonstrate that it has taken ‘all reasonable steps’ to prevent sexual harassment in the workplace. Currently, employers are seen to be taking more of a reactive approach. The expectation is that the employer should now take a preventative approach.

A further amendment to the statutory framework is that where a tribunal finds that an employer has failed to take ‘all reasonable steps’ to prevent sexual harassment, the tribunal will be permitted to apply an uplift of up to 25% of any compensatory award.

In 2013, parts of the Equality Act were repealed meaning that an employer could no longer be liable for harassment committed by a third party. This position was re-affirmed in 2018. However, it is expected that this once again will change. Employers may now be liable if their employees are subject to harassment by third parties. A third party will be any person other than a current employee. Therefore, an employer may now be liable for harassment would include clients and customers. To avoid such liability, an employer will need to adduce substantial evidence that it has taken ‘all reasonable steps’ to prevent harassment.