Bill Facts

Worker Protection (amendment of Equality Act 2010) Bill - (additional protection against third party harassment). 

New duty on employers to take reasonable steps to prevent sexual harassment (Zero tolerance approach).

Employer will be liable for third party harassment (updated bill renders employers liable for harassment of employees and workers and creates a new positive duty to take reasonable steps to prevent it).

Harassment on the grounds of any of the following protected characteristics would be covered:

-Age

-Disability

-Gender re-assignment

-Race

-Religion or belief

-Gender and sexual orientation in addition to sexual harassment

*Employers will be liable even for one-off incidents of harassment, unless they can show that they took "reasonable steps", to prevent the harassment from occurring.

Considerations For Employers In The Interim

In advance of the legislation coming into force, we advise that employers review and update their approach to harassment issues:

-Zero tolerance:

Is there a zero tolerance harassment engrained in your culture? If not, what steps can you take to ensure this? Review your policy framework and consider training requirements.

-Third-party relationships:

Whilst the clause relating to this has been removed from the revised Bill, it is advisable that where you enter contracts with third parties, such as suppliers and customers, you should include provisions concerning harassment to protect employees. Current laws in place specify that an employer still risks being liable for discrimination or harassment if it does not deal with complaints concerning harassment by third parties which puts employees at risk.

-Support for employees:

Good employers will offer employees the opportunity to report harassment and support them by taking appropriate steps to address this when it is reported.

*New code on sexual harassment, where an employer has failed in this duty a tribunal can uplift compensation to 25%

*Reasonable steps (contract terms, any thing that makes it clear to have a zero tolerance approach and warnings).

*Exception: opinion that is not grossly offensive or indecent.