Worker Protection (Amendment of Equality Act 2010) Act 2023.

1. Overview

The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces significant amendments to the existing Equality Act 2010 in the United Kingdom. This legislation focuses on enhancing protections for employees against sexual harassment in the workplace.

2. Key Provisions

2.1 Employer Duty to Prevent Sexual Harassment

2.1.1 Introduction of Section 40A

Section 40A has been inserted after section 40 of the Equality Act 2010. This section mandates that employers must take reasonable steps to prevent sexual harassment of their employees during the course of their employment.

2.1.2 Definition of Sexual Harassment

The definition of "sexual harassment" aligns with section 26(2) of the Equality Act 2010, which describes it as unwanted conduct of a sexual nature.

2.1.3 Enforcement

A contravention of section 40A is considered an unlawful act under Part 1 of the Equality Act 2006. This is enforceable either by the Commission for Equality and Human Rights or an employment tribunal.

2.2 Enforcement of Duty to Prevent Sexual Harassment

2.2.1 Amendments to Section 120

Section 120 of the Equality Act 2010 has been amended to allow employment tribunals to consider contraventions of section 40A in accordance with section 124A.

2.3 Compensation Uplift in Sexual Harassment Cases

2.3.1 Introduction of Section 124A

Section 124A provides for compensation uplifts in sexual harassment cases. If a tribunal finds a contravention of section 40 involving sexual harassment, it must consider whether the employer has also breached the duty to prevent harassment under section 40A.

2.3.2 Determining the Compensation Uplift

The tribunal may order a compensation uplift if satisfied that the employer contravened section 40A. The uplift amount may not exceed 25% of the compensation awarded under section 124(2)(b).

2.4 Consequential Amendments to the Equality Act 2006

2.4.1 Amendments to Part 1

Part 1 of the Equality Act 2006 has been amended to include references to section 40A of the Equality Act 2010. This allows claims related to contraventions of section 40A to be made to an employment tribunal.

3. Commencement and Applicability

3.1 Commencement

The Act’s provisions are set to come into force on 26 October 2024, one year after the Act was passed.

3.2 Extent

The Act extends to England, Wales, and Scotland.

4. Short Title

The Act may be cited as the Worker Protection (Amendment of Equality Act 2010) Act 2023.

This regulation significantly strengthens the legal framework to protect employees from sexual harassment, placing a clear duty on employers to take proactive steps in preventing such conduct in the workplace. It also introduces mechanisms for enhanced compensation to victims when employers fail to meet their obligations.