Understanding the upcoming changes to the Equality Act

From October 2024, the Worker Protection (Amendment of Equality Act 2010) Bill will increase the obligation on employers to take ‘reasonable steps’ to prevent sexual harassment.

Failing to do so could lead to an increase in tribunal compensation awards by up to 25%. For businesses navigating these changes, effective preparation ahead of the October deadline is essential for achieving compliance and raising awareness throughout the organisation. In this blog post, we’ll take you through the thinking behind the new legislation and share the steps you should take to get ready for its introduction.

How did the new legislation come about?

While there was already a legal duty on employers to protect employees from all types of harassment, the new legislation increases the onus on the organisation to take preventative action as opposed to addressing harassment as it occurs.

It is worth noting that some of the proposed changes were dropped, including a duty that would have made employers liable for third-party harassment and a change in wording from ‘all reasonable steps’ to ‘reasonable steps’. Additionally, during the government’s consultation on this new preventative duty, some organisations argued that improving existing legislation would have been more effective, highlighting employers’ lack of clarity over both their obligations and the measures required to prevent harassment. While these concerns were not ultimately seen as barriers to the implementation of the new duty, they do evidence a need to clearly communicate the expectations and requirements it places on employers and employees.

Why is the new statutory duty important?

Unfortunately, despite changes in attitudes and perceptions driven in part by the emergence of the #MeToo movement, sexual harassment is still a workplace issue. Research from the CIPD, published in 2020, showed that 4% of employees said they had been sexually harassed at work over the past three years. The issue hasn’t improved much since then, with a recent TUC poll finding that 58% of women say they have experienced sexual harassment, bullying or verbal abuse at work. A lack of awareness about what kinds of behaviour constitute sexual harassment probably means that many of these incidents go unreported. While the new legislation doesn’t allow an employee to bring a standalone claim for a breach of preventative duty (i.e. for an employer’s failure to take reasonable steps to prevent sexual harassment), they can bring this claim alongside an existing one if they have already reported an incident to their employer.

What do the changes mean for employers?

The Equalities and Human Rights Commission (EHRC) has planned to release technical guidance (including what constitutes ‘reasonable steps’) and updates to the Employment Code of Practice that will reflect the new legislation, both of which will give employers more detailed information. Generally speaking, however, employers will be required to demonstrate a proactive approach to preventing instances of sexual harassment against employees. And, while the requirement to prevent third-party harassment was scrapped, employers could face repercussions under the new legislation if they do not properly handle complaints from employees about harassment perpetrated by clients, customers or members of the public.

‘Reasonable steps’ are likely to constitute measures such as conducting regular training with employees to ensure they know what harassment looks like and how to respond if they witness or experience it. Taking a proactive approach to addressing harassment; for example, upskilling managers to address inappropriate behaviour before it is reported as a problem, will help to create a zero-tolerance culture and stand organisations in good stead. We would also advise businesses to regularly review their anti-bullying and harassment policies and reporting processes to make sure they are effective and contain relevant, up-to-date information that clearly outlines unacceptable behaviour and how to report it. Your HR function is integral to creating and upholding safe reporting mechanisms and making sure that any complaints are handled appropriately, so they need the capacity to provide this support alongside everyday HR demands.

To be beneficial, all preventative measures, from training to policies and reporting procedures, should be communicated to everyone within the organisation. We find that staff surveys, to collect feedback on how people feel about preventative measures, including the ability of their line managers to identify and respond to harassment, are incredibly useful, enabling organisations to monitor whether their efforts are paying off and quickly flag areas for improvement.

Why create a zero-tolerance culture?

From our point of view, the new legislation gives organisations an opportunity to educate and engage their people, working to create a zero-tolerance culture that makes workers feel supported, where they know their complaints will be listened to. These workplaces are much more likely to retain their top talent, so it pays to make sure your culture reflects your commitment to preventing harassment.

For businesses seeking to navigate the upcoming legislative changes in the most proactive way possible, Morson is on hand to help. Whether you’re looking for training, a review of policies and procedures, or advice on ED&I and cultural change, you’ll find it in our extensive suite of HR services. For more information, get in touch today.