The Equality Act 2010 is amended as follows.
Explanatory notes to the Bill, prepared by the Cabinet Office with the consent of Baroness Burt of Solihull, the member in charge of the Bill, have been ordered to be published as HL Bill 101—EN.
A
bill
to
Make provision in relation to the duties of employers and the protection of workers under the Equality Act 2010.
B e 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:—
The Equality Act 2010 is amended as follows.
In section 40 (employees and applicants: harassment), after subsection (1) The circumstances in which A is to be treated as harassing B under a third party harasses B in the course of B’s employment, and A failed to take all reasonable steps to prevent the third party A third party is a person other than— A, or an employee of A’s. Subsection
(1D)
applies if and so far as— a third party harasses B in the course of B’s employment, the harassment falls within section 26(1) (unwanted conduct the conduct constituting the harassment involves a conversation the conversation or speech involves the expression of an the opinion expressed is not indecent or grossly offensive, and the expression of the opinion does not have the purpose of For the purposes of
subsection (1A)
(b)
, A is not to be treated as having
insert—
“(1A)
subsection (1) include those where—
(a)
(b)
from doing so.
(1B)
(a)
(b)
(1C)
(a)
(b)
related to a relevant protected characteristic) and not within
section 26(2) or (3) (unwanted conduct of a sexual nature etc),
(c)
in which B is not a participant, or a speech which is not aimed
specifically at B,
(d)
opinion on a political, moral, religious or social matter,
(e)
(f)
violating B’s dignity or of creating an intimidating, hostile,
degrading, humiliating or offensive environment for B.
(1D)
failed to take all reasonable steps to prevent the harassment solely
because A did not seek to prevent the expression of the opinion.”
In section 109 (liability of employers and principals), after subsection (4) Subsection
(4B)
applies if and so far as— A harasses another employee (C) in the course of C’s the harassment falls within section 26(1) (unwanted conduct the conduct constituting the harassment involves a conversation the conversation or speech involves the expression of an the opinion expressed is not indecent or grossly offensive, and the expression of the opinion does not have the purpose of For the purposes of the defence in subsection (4), B is not to be treated
insert—
“(4A)
(a)
employment,
(b)
related to a relevant protected characteristic) and not within
section 26(2) or (3) (unwanted conduct of a sexual nature etc),
(c)
in which C is not a participant, or a speech which is not aimed
specifically at C,
(d)
opinion on a political, moral, religious or social matter,
(e)
(f)
violating C’s dignity or of creating an intimidating, hostile,
degrading, humiliating or offensive environment for C.
(4B)
as having failed to take all reasonable steps to prevent the harassment
solely because B did not seek to prevent the expression of the opinion.”
An employer (A) must take all reasonable steps to prevent sexual “Sexual harassment” in
subsection (1)
means harassment of the kind A contravention of
subsection (1)
(or a contravention of section 111
After section 40 of the Equality Act 2010 insert—
“40A
Employer duty to prevent sexual harassment of employees
(1)
harassment of employees of A in the course of their employment.
(2)
described in section 26(2) (unwanted conduct of a sexual nature).
(3)
or 112 that relates to a contravention of
subsection (1)
) is enforceable
as an unlawful act under Part 1 of the Equality Act 2006 (and, by
virtue of section 120(8) and (9), is enforceable only by the Commission
under that Part or by an employment tribunal in accordance with
section 124A
(compensation uplift in employee sexual harassment
cases)).”
In section 120 of the Equality Act 2010 (jurisdiction of employment tribunal)—
in subsection (8), for “a reference to section” substitute “references to
section 40A(1) or”;
“(9)Subsection (8) does not prevent an employment tribunal from
considering a contravention of section 40A (1) in accordance
with section 124A (compensation uplift in employee sexual
harassment cases).”
This section applies where— an employment tribunal has found that there has been a the tribunal has ordered the respondent to pay compensation The tribunal must consider whether and to what extent the respondent If the tribunal is satisfied that the respondent has contravened
section The amount of the compensation uplift— must reflect the extent to which, in the tribunal’s opinion, the may be no more than 25% of the amount awarded under
After section 124 of the Equality Act 2010 insert—
“124A
Remedies: compensation uplift in sexual harassment cases
(1)
(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)
to the complainant under section 124(2)(b).
(2)
has also contravened
section 40A
(1)
(duty to take reasonable steps to
prevent harassment of employees).
(3)
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)
(a)
respondent has contravened
section 40A
(1)
, but
(b)
section 124(2)(b).”
Part 1 of the Equality Act 2006 (the Commission for Equality and Human
Rights) is amended as follows.
“(8)Subsection (7) applies as though a claim could be made to an
employment tribunal in respect of—
(a)an alleged contravention of section 40A(1) of the Equality Act
2010 (duty to take reasonable steps to prevent harassment of
employees), or
(b)an alleged contravention of section 111 or 112 of that Act which
relates to a contravention of section 40A(1) of that Act.”
In section 24A (enforcement powers: supplemental), in subsection (1), after an act which is unlawful because it amounts to a contravention
paragraph (a) insert—
“(aa)
of
section 40A
(1)
of that Act (or to a contravention of section
111 or 112 of that Act that relates to a contravention of
section
40A
(1)
of that Act) (employer duty to take reasonable steps to
prevent sexual harassment of employees),”.
This Act extends to England and Wales and Scotland.
This section comes into force on the day on which this Act is passed.
This Act may be cited as the Worker Protection (Amendment of Equality Act
2010) Act 2023.
A
bill
to
Make provision in relation to the duties of employers and the protection of workers under the Equality Act 2010.
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