At the end of October, UK harassment laws are changing bringing significant changes for all employers.
Non-compliance with anti-harassment laws, not only exposes businesses to employment tribunals, but the Equality and Human Rights Commission can use its own enforcement powers to enforce compliance with the Equality Act 2010, as was the case with the Welsh Rugby Union (WRU).
In 2024, the WRU entered into a legal agreement with the EHRC following their independent review into the Union’s non-compliance with the Act. The review found a ‘toxic’ workplace that consisted of sexist, racist and homophobic behaviours and the WRUs failure to adequately challenge such behaviours.
The legal agreement (known as a ‘section 23 agreement’) concluded this month assessing that the WRU had made sufficient progress to address concerns identified in the review.
The action plan that had been developed as part of the legal agreement included:
- Working with an external adviser to enhance workplace policies so it is clear how harassment and discrimination should be addressed
- Introducing a standardised system to record discrimination and harassment complaints so that trends and risks can be identified
- Introducing mandatory sexual harassment training for all managers, with specialist training for managers who are responsible for handling complaints
- Updating its sexual harassment risk assessment to cover risks associated with social events and travel, and devised tailored briefing materials to reduce the risk for specific events
- Appointed an independent advisory group to provide oversight and expertise on equality and inclusion.
EHRC’s assessment of human rights and inclusion in the workplace
The EHRC have published its latest assessment on the UK’s commitment to following seven of the nine core United Nations human rights treaties. One of the seven treaties is in respect of work. In their assessment, they report that the UK has made progress in promoting equality, diversity and inclusion in the workplace, but important challenges remain.
The EHRC highlights action to improve access to employment for groups that can face disadvantage, including people with disabilities and ethnic minority communities. Initiatives such as Access to Work, employment support programmes and measures to improve ethnicity and disability pay-gap reporting aim to reduce barriers and tackle inequality.
Protecting workers from exploitation is also an important human rights issue. The UK has legislation and enforcement mechanisms addressing labour exploitation, modern slavery and human trafficking. However, the EHRC identifies gaps in protection, particularly for migrant workers and victims of trafficking, and highlights the need for greater awareness of workers’ rights and access to effective remedies.
Fair and dignified working conditions are another key part of equality and inclusion. This includes fair pay, safe working environments, protection from discrimination and harassment, and the right to participate in trade unions. While the UK has legal protections in these areas, the EHRC’s findings demonstrate that continued action is needed to ensure these rights are experienced in practice by all workers.
Overall, the message is that equality, diversity and inclusion, is not simply about creating opportunities to enter the workplace, it is also about ensuring that everyone, regardless of disability, ethnicity, immigration status or background, or any other protected characteristic, can work in an environment that is fair, safe, inclusive and respectful of human dignity.
You can read more about the EHRC’s assessment on their tracker available here.
