Worker Protection Bill (Amendment of Equality Act 2010): UK Employer's Guide 2025

The Worker Protection (Amendment of Equality Act 2010) Act 2023 marks a significant advancement in the legislative framework aimed at safeguarding employees in the United Kingdom.

This new statute amends the Equality Act 2010 to strengthen employer responsibilities with regards to the prevention of harassment within the workplace, especially from third parties such as clients and customers.

With its introduction, employers are mandated to actively implement measures to prevent sexual harassment, failing which they could face enhanced penalties, including a compensation uplift of up to 25% for breaches of this duty.

Worker Protection Bill: TL;DR

The Worker Protection (Amendment of Equality Act 2010) Bill aims to enhance safety and prevent discrimination within the workplace. It proposes amendments to the Equality Act 2010, indicating a proactive approach to handling harassment complaints and enforcing worker rights. This legislation comes in response to concerns around safe and equal working conditions.

The Worker Protection Act, also referenced as the Worker Protection Bill 2023, outlines employer duties towards the wellbeing of their workforce. One of its key objectives is to provide a framework that prevents and addresses workplace harassment and ensures employers adhere to safety protocols.

Key Features:

• Amendments to the Equality Act 2010.
• Widened scope for employer responsibilities.
• Stricter enforcement to tackle workplace harassment.
• Elevated safety standards for warehouse and other workers.

The Worker Protection Bill in the UK underscores employers' accountability and supports a more positive work culture. Implementation is phased, with a transition period for employers to comply. One year after the Bill passes, the full provisions will come into force.

Legislators and labor advocates continue to champion these bills, seeking to shift the workplace environment towards one of increased respect and safety for all employees.

What Is the Worker Protection (Amendment of Equality Act 2010) Bill?

The Worker Protection (Amendment of Equality Act 2010) Bill signifies an important legislative step in strengthening anti-harassment protections for UK employees. Aimed to amend the Equality Act 2010, the bill imposes a clearer responsibility on employers regarding workplace harassment.

Primary Provisions:

• Employers must prevent the sexual harassment of their staff.
• Employers become liable for third-party harassment from clients or customers, for example.

Key Features of the Amended Equality Act 2010:

• A direct duty on employers to proactively tackle potential harassment scenarios.
• An expanded scope to include harassment by individuals not directly employed by the company.

The initiative began as a Private Member's Bill, introduced by Liberal Democrat MP Wera Hobhouse. Following initial readings and support from the government, it became law. This legislation underscores the imperative to foster a safe and respectful working environment free from any form of harassment.

Its passage not only serves as a protective measure but also as a significant change in employer liability, where the emphasis transitions towards prevention and proactive measures. Employers are now responsible for taking "reasonable steps" to protect employees from harassment, both internally and from external sources.

Further Reading: Flexible Working Bill

What Is the Purpose of the Workers Protection Bill?

The Workers Protection Bill is a legislative measure aimed at enhancing safeguards for employees against sexual harassment in the workplace. The primary purpose of this bill is to shift the responsibility to employers, requiring them to take proactive, reasonable steps to prevent sexual harassment. This initiative represents a significant change in approach, moving from addressing incidents post-occurrence to actively working to prevent them.

Under the bill, there is a clear onus on employers to protect their workforce, reflecting a more preventive strategy toward workplace misconduct. The idea is to foster a safe and positive work environment and ensure that employee well-being is paramount.

Furthermore, should employers fail to comply, the Bill empowers employment tribunals with enhanced authority. Tribunals may impose stricter penalties on organizations that neglect their duties to prevent harassment. The introduction of these measures underscores the importance of due diligence and responsible actions from employers.

Key aspects of the Workers Protection Bill include:

• Mandatory preventive measures: Employers must implement strategies to deter harassment.
• Enhanced tribunal powers: Tribunals have new authority to sanction non-compliant employers.
• Workplace culture shift: There's a focus on creating a healthier, harassment-free work environment.

In essence, the Workers Protection Bill is designed to act as a deterrent of negative workplace behaviors and as a framework for employers to cultivate a safe, respectful, and inclusive work atmosphere for all employees.

5 Key Provisions of the Worker Protection (Amendment of Equality Act 2010) Act 2023

1. Introduction of Employer Duties
2. The Act imposes a duty on employers to take reasonable steps to prevent sexual harassment of employees in the workplace. This duty is at the core of the Act, ensuring that worker protection is proactive rather than reactive.
3. Third-Party Harassment
4. Employers are now liable for harassment of their employees by third parties, such as customers or clients. This extends the protective domain of the Equality Act 2010, acknowledging the various interactions employees may have in their roles.
5. Prevention Measures
6. Employers are required to implement practical measures to safeguard employees against sexual harassment. This includes the development of policies, employee training, and responsive reporting systems.
7. Tribunal Enforcement
8. The Act allows an employment tribunal to enforce these new provisions. For example, if a tribunal finds a breach involving sexual harassment, the employer could be held accountable under the enhanced legislation.
9. Enactment and Compliance
10. The Worker Protection (Amendment) Act came into force on 27 October 2023. Employers are expected to comply with the new rules by October 2024, providing them with a transition period to align with the new legal requirements.

Best Practices to Ensure You Provide Appropriate Employee Protection in the Workplace

To maintain a high standard of employee protection in the workplace, employers should establish comprehensive safety programs and follow guidelines stipulated by the Occupational Safety and Health Administration (OSHA). Employers are legally mandated to provide a safe working environment as per the Employee Protection Act, and adherence to OSHA recommendations is a fundamental aspect of compliance.

Develop and Implement Safety Protocols

• Risk Assessment: Employers must perform regular risk assessments to identify potential hazards in the workplace.
• Safety Training: Conducting ongoing employee training on safety practices is crucial.
• Emergency Plans: Clearly outlined emergency procedures should be readily accessible to all employees.

Promote a Culture of Safety

• Open Communication: Encourage employees to report unsafe conditions without fear of reprisal.
• Support Networks: Provide resources and support for employees who are affected by workplace hazards.

Review and Evolve

• Regular Evaluation: Policies should be reviewed and updated regularly to accommodate new health and safety challenges.
• Best Practice Sharing: Sharing successful safety strategies within the industry can lead to improved protection for all employees.

Further Reading: Drug Testing at Work

FAQs

Does the Equality Act 2010 Cover Everyone?

The Equality Act 2010 encompasses various protections for individuals across Britain. It legally protects people from discrimination in the workplace and in wider society, covering most workers, applicants, and former employees, irrespective of the size of the business or sector. The Act provides a common ground of protection for everyone against unfair treatment due to certain characteristics, which are specified as protected characteristics under the law.

Does the Equality Act Apply to Workers and Contractors?

Yes, the Equality Act applies to both workers and contractors. This includes not only employees but also individuals working under a contract to do work personally, such as some freelancers and contractors. The Act specifies that an individual’s employment status does not limit the protections afforded to them regarding discrimination.

What Is Banned by the Equality Act 2010?

The Equality Act 2010 bans the following types of discrimination:

• Direct discrimination: Treating someone worse than others because of a protected characteristic.
• Indirect discrimination: A company policy that applies to everyone but disadvantages a particular group with a protected characteristic.
• Harassment: Unwanted behaviour linked to a protected characteristic causing a hostile environment.
• Victimization: Poor treatment of someone because they have made or supported a complaint under this Act.

Who Is Exempt from the Equality Act?

No individuals or groups are entirely exempt from the Equality Act 2010. However, there are specific circumstances where different treatment may be lawful, such as occupational requirements.

For example, casting an actor for a role meant for a specific gender or ethnicity may necessitate selecting an individual with those characteristics.

Furthermore, some religious organizations may be permitted to require that those working for them share their religion, which under other circumstances could be viewed as direct discrimination.