The changes strengthen workplace equality in two important ways: they give eligible trade union equality representatives greater opportunities to support colleagues, and they place stronger responsibilities on employers to prevent harassment.
What does this mean in practice?
1. A stronger voice for equality at work
Eligible equality representatives from recognised independent trade unions now have rights to reasonable paid time off for specified equality-related duties and relevant training. This can include advising union members, consulting employers, examining workplace equality information and promoting inclusive working practices.
The entitlement is subject to statutory eligibility and training requirements. It is not an unrestricted right to paid time off for every equality activity.
2. Employers must do more to prevent sexual harassment
The legal requirement has strengthened from taking reasonable steps to taking all reasonable steps to prevent sexual harassment.
This means being proactive: identifying risks, training employees, establishing reporting procedures, investigating concerns, and reviewing whether preventative measures are effective.
3. Protection extends to harassment by third parties
Harassment is not acceptable simply because the person responsible is a customer, client, contractor, or service user.
Employers can now face liability for qualifying third-party harassment where they have failed to take all reasonable steps to prevent it. This includes harassment related to relevant protected characteristics, not only sexual harassment.
EDUK’s message to employers
Equality is not simply about having policies in place. It is about making sure those policies work for everyone.
Organisations should now review their equality and harassment procedures, assess workplace risks, consult employees and representatives, and ensure that managers understand their responsibilities.
These particular reforms apply in England, Scotland, and Wales, rather than Northern Ireland.
For authoritative guidance, visit Acas – Preventing harassment and EHRC – Updated harassment guidance.
EDUK – Helping organisations turn equality legislation into inclusive workplace practice.