On 6 February 2023, following amendment and its third reading in the House of Commons, the Worker Protection (Amendment of Equality Act 2010) Bill had its first reading in the House of Lords. A date for the Bill’s second reading is awaited.

The Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force a year after it is passed. It is proposed that the Equality Act 2010 (EqA 2010) will be amended so that:

• An employer will be treated as harassing an employee (engaging in unwanted conduct related to a relevant protected characteristic) when a third party, such as a customer or client, harasses an employee in the course of their employment and the employer has failed to take all reasonable steps to prevent that harassment.
• Other than in cases of sexual harassment, an employer will not be taken to have failed to take all reasonable steps to prevent harassment where the harassment involves a conversation in which the claimant is not a participant (or a speech which is not aimed specifically at the claimant), the conversation (or speech) contains the expression of an opinion on a political, moral, religious or social matter, the opinion expressed is not indecent or grossly offensive, and the harassment is not intentional.
• Employers will be under a new duty to take all reasonable steps to prevent sexual harassment of their employees in the course of their employment. Breach of this duty may be enforced by the Equality and Human Rights Commission (EHRC) under its existing enforcement powers and, where a claim for sexual harassment has been upheld, by an employment tribunal.
• Where a tribunal upholds a claim for sexual harassment, if it finds that the employer breached the duty to take reasonable steps to prevent sexual harassment, it may order an uplift in compensation of up to 25% to reflect the employer’s breach.

The amendments to the EqA 2010 in relation to sexual harassment will be supported by an EHRC statutory code of practice, which should be published when the changes come into force. In the meantime, the Government Equalities Office is to produce guidance which will be published in due course.

If you need help in dealing with harassment in the workplace including disciplinaries, grievances or employment tribunal claims or assistance with the preparation of policies, procedures and training Eaton Smith can support you. Please call Senior Employment Solicitor, Emma Elmerhebi on 01484 821415 or send an email to emmaelmerhebi@eatonsmith.co.uk