gunnercooke Employment Partners react to October legal updates 

October has been a busy month regarding employment law updates. Most notably, Labour have released their improved “Employees Rights Bill” which sees a huge change in what employers is expected to do and provide for their employees.  

On the 26^th of October, there will be a change to the Equality Act 2010, in which employers are now required to take all reasonable steps to prevent sexual harassment in the workplace. 

Employment Partners, Jo Tindall, Rebecca Ireland, Katy Wedderburn and Joan Pettingill as well as Senior Associate Kate Smith and Associate Jatin Patel, have provided some insights and tips to prepare for these changes. Read below to find out more.  

Jo Tindall, Employment Partner and Kate Smith, Senior Associate added:  

“The new duty to take reasonable steps to prevent sexual harassment in the workplace comes into force on 26 October.    

“A key takeaway from this is that if an employment tribunal finds that an employee has been sexually harassed in the workplace, the tribunal must also consider whether the employer has complied with the new duty to take reasonable steps to prevent the sexual harassment.  If the tribunal concludes that an employer has failed in its duty, the tribunal may award an increase in compensation of up to 25%  

“Additionally, the Equality and Human Rights Commission may take enforcement action, which has significant reputational implications.  

“The new duty requires employers to take proactive steps to prevent sexual harassment. These could include 

1. Carry out a risk assessment in relation to sexual harassment, having regard to the specific risk areas in their workplace, such as social events, late night working, lone working and any areas with a gender imbalance. 

2. Implement an anti-harassment and bullying policy which is aimed at preventing sexual harassment  

3. Provide training of staff  

4. Review effectiveness of steps on a regular basis.  

“Taking these steps will not only help you to comply with the duty, but potentially also to use the ‘all reasonable steps’ defence which enables employers to avoid liability for unlawful harassment carried out by their workers and employees without the employer’s knowledge.” 

Katy Wedderburn, Employment and Discrimination Partner, added: 

“On October 26^th, 2024, there will be an amendment to the Equality Act 2010 that gives employers a mandatory duty to prevent sexual harassment in the workplace.  Below are my top five tips to prepare for this change: 

1. Be ready for the 26th October  

“The most important piece of information is to know when the law will change, which is on the 26^th October 2024. By this date, all employers will be required to ensure that there are steps and protocols in place to prevent sexual harassment in the workplace.  

2. Take reasonable steps  

“With the mandatory duty in place, you need to start thinking of what steps you want to take in order to ensure you meet this. These may include updating your policies, changing your processes for employees if they were to report anything, and providing on-site training to ensure each employee understands workplace boundaries.  

3. Be proactive  

“These changes can take time to put into place, and so it is important that you are proactive in your actions to ensure the correct processes to make change are already in motion.   

4. The importance of starting now.  

“It’s vital that these changes are implemented now, not on or after the 26^th October. If you wait too long, you will not be prepared to meet this standard on time and therefore be in breach of the Equality Act 2010.   

5. Keep up to date with Equality and Human Rights Commission  

The Equality and Human Rights Commission are an independent statutory body with the responsibility to encourage equality and diversity, eliminate unlawful discrimination, and protect and promote the human rights of everyone in Britain.”  

Joan Pettingill, Employment Partner, commented on the new Employment Rights Bill.  

“The government recently published a draft of the Employment Rights Bill proposing nearly 30 reforms. Many of these have been well publicised. The government will start consulting next year before implementing the changes. Importantly, the new “day one” right not to be unfairly dismissed from the start of employment will not come into force until at least autumn 2026, giving businesses time to prepare. 

“Below are some of the headline points that will be changed with this legislation 

• Flexible working 

• Paternity and parental leave 

• Pregnancy and new mum protections 

• Bereavement leave 

• National minimum wage 

• Statutory sick pay 

• Zero hours and low hours contracts 

• Unfair Dismissal 

• Probationary periods 

• Fire & rehire 

• Collective redundancy consultations 

• Equality 

• Harassment 

• Equality action plans 

• Enforcement of rights 

• Employee voice 

“You can read a full summary of each point in my article here: https://gunnercooke.com/new-employment-rights-bill-joan-pettingill/”  

Resources  

Employment Partner Rebecca Ireland has put together some resources to help your business get up to date. Click here to read more. 

Associate Jatin Patel has also put together some resources to support you. You can find it here.