Tahir v National Grid UK Ltd [2023] – And its relation to the Worker Protection (Amendment of Equality Act 2010) Bill

As you may be aware the Worker Protection (Amendment of Equality Act 2010) Bill is being introduced on 26 October 2024 and it imposes a new obligation on employers to take reasonable measures to prevent sexual harassment of employees during their employment; even in a scenario in which the employee is harassed by a third party, whether that be a customer, patient, contractor (referred to as the ‘preventative duty’).

This duty specifically addresses sexual harassment and does not extend to other forms of unlawful harassment associated with different protected characteristics. Employment Tribunals will also have the power to increase compensation by 25% should the employer breach the preventative duty.

In Tahir v National Grid UK Ltd [2023], an employee was awarded more than £350,000 in compensation after resigning from her position as a trainee project supervisor due to sexual harassment by her mentor, followed by victimisation from him and others after she reported the harassment. The employer accepted liability for the employee’s claims, and the case went straight to hearing. The parties agreed on compensation amounts of £40,000 for injury to feelings and £10,000 for psychiatric injury.

After the employer failed to abide by the Acas Code of Practice on Disciplinary and Grievance Procedures the Tribunal awarded the employee a 15% uplift in compensation. With the new Worker Protection Bill, it should be of note that there is the possibility of the Tribunal exercising their discretion and applying the 25% compensation uplift following such a breach of the preventative duty as outlined in the case.

The most impactful change of the Worker Protection Bill is the possibility of the employer being liable for the harassment of an employee by any third-party. Employers should be vigilant and implement the same or similarly thorough measures and policies to prevent harassment by third-parties against employees, as they are implementing for harassment by their employees to other employees.

At Buxton Coates Solicitors, we offer policies and procedures you will need as employers, along with equality and diversity training. We have created a special Worker Protection Pack that provides training along with everything else you need to be prepared for the new duty. Contact our Employment team today to ensure you're prepared for the new obligations on employment@buxtoncoates.com or 0330 088 2275.