Worker Protection (Amendment of Equality Act 2010) Act 2023

2023 Chapter 51

An Act to make provision in relation to the duties of employers and the protection of workers under the Equality Act 2010.

Enacted [26th October 2023]

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

^I21 Employer duty to prevent sexual harassment of employees¶

After section 40 of the Equality Act 2010 insert—

^I32 Enforcement of duty to prevent sexual harassment of employees¶

In section 120 of the Equality Act 2010 (jurisdiction of employment tribunal)—

a in subsection (8), for “a reference to section” substitute “references to section 40A(1) or”;

b after that subsection insert—

^I43 Sexual harassment of employees: compensation uplift¶

After section 124 of the Equality Act 2010 insert—

124A Remedies: compensation uplift in sexual harassment cases

1 This section applies where—

a an employment tribunal has found that there has been a contravention of section 40 (harassment of employees) which involved, to any extent, harassment of the kind described in section 26(2) (sexual harassment), and

b the tribunal has ordered the respondent to pay compensation to the complainant under section 124(2)(b).

2 The tribunal must consider whether and to what extent the respondent has also contravened section 40A(1) (duty to take reasonable steps to prevent harassment of employees).

3 If the tribunal is satisfied that the respondent has contravened section 40A(1), it may order the respondent to pay an amount to the complainant (a “compensation uplift”) in addition to the compensation amount determined in accordance with section 124(6).

4 The amount of the compensation uplift—

a must reflect the extent to which, in the tribunal’s opinion, the respondent has contravened section 40A(1), but

b may be no more than 25% of the amount awarded under section 124(2)(b).

^I54 Consequential amendments to the Equality Act 2006¶

1 Part 1 of the Equality Act 2006 (the Commission for Equality and Human Rights) is amended as follows.

2 In section 21 (unlawful act notice), after subsection (7) insert—

3 In section 24A (enforcement powers: supplemental), in subsection (1), after paragraph (a) insert—

^I15 Extent, commencement and short title¶

1 This Act extends to England and Wales and Scotland.

2 This section comes into force on the day on which this Act is passed.

3 Sections 1 to 4 come into force at the end of the period of one year beginning with the day on which this Act is passed.

4 This Act may be cited as the Worker Protection (Amendment of Equality Act 2010) Act 2023.

Footnotes

I1
S. 5 in force at Royal Assent, see s. 5(2)
I2
S. 1 in force at 26.10.2024, see s. 5(3)
I3
S. 2 in force at 26.10.2024, see s. 5(3)
I4
S. 3 in force at 26.10.2024, see s. 5(3)
I5
S. 4 in force at 26.10.2024, see s. 5(3)