The Worker Protection (Amendment of Equality Act) Act 2023: Implications for Protection Against Sexual Harassment

Abstract

Abstract From October 2024 when the Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force, employers will be required to comply with a new duty to take reasonable steps to prevent sexual harassment of their employees. Under the Act, an employment tribunal will have the power to increase compensation by up to 25% if it finds that an employer has breached this duty. The Act started out as a private members bill and, in its original form, the bill contained a provision to extend protection against workplace harassment perpetuated by a third party such as a customer, client or visitor. However, following a difficult passage through Parliament, this provision was removed, and other proposed protections watered down. The reasons for this are explored in the following analysis which reveals the prioritisation of freedom of speech concerns over an improved legal regime for protecting workers against sexual harassment. The paper concludes by considering the Act’s likely impact and what further protections are needed in this area.