Worker Protection (Amendment of Equality Act 2010) Act 2023
Overview
In a landmark move towards fortifying workplace safety, the Worker Protection (Amendment of Equality Act 2010) Act 2023, an amendment to the Equality Act 2010, has been enacted to address and prevent sexual harassment in the workplace. This pivotal legislation places a renewed emphasis on the responsibilities of employers and introduces measures to protect workers from unwanted conduct of a sexual nature.
The Worker Protection (Amendment of Equality Act 2010) Act 2023 is a response to the pressing need to create secure and inclusive workplaces. Its core focus is to mandate employers to take reasonable steps to prevent sexual harassment of employees during the course of their employment. Sexual harassment, as defined by the Act, aligns with the parameters outlined in the Equality Act 2010, encapsulating any unwanted conduct of a sexual nature. The Act’s enforcement mechanism positions contravention of this duty as an unlawful act under the Equality Act 2006.
The crux of the Worker Protection Act lies in Section 40A of the Equality Act 2010, which introduces the duty for employers to prevent sexual harassment. Employers are now tasked with implementing reasonable steps to create an environment free from such behavior. Furthermore, the Act introduces provisions in Sections 120 and 124A, enabling employment tribunals to consider contraventions of Section 40A and providing a framework for compensation uplift in cases of sexual harassment.
This Act was passed on the 26th of October 2023 and applies to businesses operating in England, Wales, and Scotland.
Does the Worker Protection (Amendment of Equality Act 2010) Act 2023 affect my business?
The Act significantly impacts businesses across sectors and sizes. It places the responsibility squarely on employers to foster a workplace culture that actively prevents sexual harassment. Beyond legal implications, the Act underscores the importance of creating an inclusive and respectful environment. Businesses failing to comply not only risk legal consequences but may face reputational damage, affecting their ability to attract and retain talent.
By placing the duty to prevent sexual harassment at the forefront, the Act signifies a cultural shift towards fostering environments where all employees can thrive without fear of harassment. As businesses embrace these changes, they contribute not only to legal compliance but also to the creation of workplaces that prioritize the well-being and dignity of every individual.
Do I need the Worker Protection (Amendment of Equality Act 2010) Act 2023 in my ISO Compliance Register?
You will need the Worker Protection (Amendment of Equality Act 2010) Act 2023 in your ISO Compliance Register if you are a business operating in England, Wales, and Scotland. It is pertinent to businesses of all sizes, irrespective of industry or sector. From small enterprises to large corporations, the mandate to prevent sexual harassment is universal. Any business with employees falls within the purview of this legislation, emphasising that workplace safety is a fundamental right for all workers.
Legislation related to the Worker Protection (Amendment of Equality Act 2010) Act 2023
Legislation related to the Worker Protection (Amendment of Equality Act 2010) Act 2023 include:
- Equality Act 2010
- The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017
- Employment Rights Act 1996
More information
Visit the Worker Protection (Amendment of Equality Act 2010) Act 2023 article on the legislation.gov.uk website.
Create an account in the ISO Compliance Register App and add this article to your Register.
