New legislation is set to place greater responsibility on organisations to protect employees against harassment, including sexual harassment.

Employers are being urged to act in readiness, with the proposed legislation set for its third reading in February and expected to become law during the next year.

Harassment in the workplace is prohibited under the Equality Act 2010 and once passed, the Worker Protection (Amendment of Equality Act 2010) Bill 2022-23 will extend the range of safeguards for  employees.  One is protection against third party harassment during the course of their employment, such as by customers or clients, and the employer may be held liable if they fail “to take all reasonable steps to prevent the third party from doing so”.

The Bill also tackles sexual harassment suffered by employees in the course of their employment, by placing a new duty on employers to take all reasonable steps to prevent such harassment.

“While the Bill is still going through parliament, employers should be gearing up in readiness, and ensuring the right processes are in place,” explained Jon Dunkley, employment lawyer here at Wollens.         

“The benchmark is likely to be high, to encourage employers to be proactive in tackling discrimination in the workplace. While the term “all reasonable steps” is not defined by statute, we know from existing case law what is expected of an employer.  Any tribunal will be looking for robust policies and evidence of steps taken to actively prevent harassment.”

Employers told to gear up for impending harassment legislation - Wollens Solicitors Devon

Jon added: “It all adds up to a tough new round of legislation for employers.  The harassment by third parties can relate to someone over whom the employer has no direct control, with liability set to apply whether or not the employer is aware of the actions of the third party.

“And the penalty will be higher where the employer is found to have breached their duty for any sexual harassment claim, as an uplift of up to 25% of the compensation award is currently proposed to be added on.”

Speak to Jon Dunkley

Jon is a Partner at Wollens and can advise you. Contact Jon via email jon.dunkley@wollens.co.uk or call 01271 341021.

Jon Dunkley - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

Related News & Insights

4 minute read
Wollens feature in most Recommended Law Firms in the South West! - Wollens Solicitors Devon

Wollens feature in most Recommended Law Firms in the South West!

Read Article
4 minute read
Understanding Shaken Baby Syndrome: A Guide for Parents - Wollens Solicitors Devon

Understanding Shaken Baby Syndrome: A Guide for Parents

Read Article
6 minute read
Buying your next home, Proof of funds - Wollens Solicitors Devon

Buying your next home, Proof of funds

Read Article
5 minute read
Entrepreneurs: are you leaving a headache for your executors? - Wollens Solicitors Devon

Entrepreneurs: are you leaving a headache for your executors?

Read Article
2 minute read
Chloe Emery qualifies as Solicitor at Wollens - Wollens Solicitors Devon

Chloe Emery qualifies as Solicitor at Wollens

Read Article
5 minute read
Devon Local Government Reorganisation Approved: What Does It Mean for Planning? - Wollens Solicitors Devon

Devon Local Government Reorganisation Approved: What Does It Mean for Planning?

Read Article
3 minute read
Electronic and workplace balloting: what employers need to know - Wollens Solicitors Devon

Electronic and workplace balloting: what employers need to know

Read Article
8 minute read
Breach of fiduciary duty – how should a director respond to an accusation of breach? - Wollens Solicitors Devon

Breach of fiduciary duty – how should a director respond to an accusation of breach?

Read Article