Source · Select Committees · Women and Equalities Committee
Recommendation 17
17
Accepted in Part
Broaden Equality Act to impose proactive duty on employers protecting workers from third-party sexual harassment.
Recommendation
The Equality Act 2010 should be broadened to impose a duty on employers to be proactive, rather than simply reactive, in protecting workers from third party sexual harassment and for a statutory code of practice to support them in doing this. A statutory duty would create a clear and enforceable legal requirement on all workplaces to safeguard workers, and help bring about cultural change in the workplace. Employment tribunals should impose greater penalties in cases where perpetrators of harassment and bullying behaviour are found to have acted vindictively against complainants. (Recommendation, Paragraph 90)
Government Response Summary
The government supported the Worker Protection Act 2023, which introduces a duty on employers to take reasonable steps to prevent sexual harassment from October 2024 and allows for a 25% uplift in compensation. However, it explicitly states there are no current plans to reintroduce employer liability for third-party harassment.
Government Response
Accepted in Part
HM Government
Accepted in Part
The Equality Act 2010 provides legal protections against sexual harassment in the workplace. In response to the Women and Equalities Select Committee’s fifth report of session 2017–19, the Government held a public consultation and public questionnaire about the effectiveness of anti-harassment law. Following this, we supported the passing of the Worker Protection (Amendment of Equality Act 2010) Act 2023, which will introduce a duty on employers to take ‘reasonable steps’ to prevent sexual harassment of their employees from October 2024. The employer duty will send a strong signal to employers that they need to take action to prioritise prevention of sexual harassment and ultimately improve workplace practices and culture. In each sexual harassment case, where the tribunal has found in favour of the victim and also concluded that there has been a breach of the employer duty, the employment tribunal judge may order an uplift of up to 25% on the compensation awarded for the sexual harassment. The Government has no current plans to reintroduce employer liability for third-party harassment.