Local Authority round-up 04/10/24
4th October, 2024
Our Local Authority round up provides brief summaries of topical information on a weekly basis, to keep you aware of the changes and updates relevant to you.
Regulatory
Equality and Human Rights Commission (EHRC) publishes guidance on the new duty to take reasonable steps to prevent sexual harassment at work
From the 26th of October 2024, employers will be under a new duty to take reasonable steps to prevent the sexual harassment of their employees in the course of their employment, as introduced by the Worker Protection (Amendment of Equality Act 2010) Act 2023.
This is a preventative duty, obligating employers to anticipate scenarios in which their employees may be subject to sexual harassment in the course of their employment and take reasonable steps to prevent it.
The EHRC has published the ‘Technical Guidance on Sexual Harassment and Harassment at Work‘ to assist employers in complying with their new duty. To do this, the guide identifies eight steps which, if implemented, should help an employer take positive action to prevent and deal with sexual harassment in the workplace. The eight steps are:
- Developing an effective anti-harassment policy;
- Engaging with staff;
- Assessing and taking steps to reduce workplace risk;
- Reporting;
- Training;
- Handling harassment complaints;
- Dealing with third-party harassment; and
- Monitoring and evaluating actions.
The Guidance makes it clear that what is considered ‘reasonable steps’ will vary from employer to employer. In deciding whether a step is reasonable, relevant factors include (among others) the employer’s capacity and resources as well as the cost and potential disruption in taking a specific action.
In the event of non-compliance with this new preventative duty, if an employee brings a successful claim for sexual harassment and compensation has been awarded, the Employment Tribunal can order a compensation uplift of up to 25%.
For more information please click here.
Commercial
Companies House implements new powers
Companies House will work to investigate and prosecute offences in partnership with the Insolvency Service and other enforcement partners. The more serious offences could result in civil action, director disqualification or even criminal prosecution.
Companies House will also work with these enforcement partners to share intelligence, refer cases and promote holistic enforcement action when appropriate.
This new regime is the newest step in implementing the Economic Crime and Corporate Transparency Act 2023 which gave Companies House greater powers to improve corporate transparency and tackle economic crime.
In light of the above, registered companies should ensure compliance with their corporate responsibilities.
For more information please click here.
Housing
Government begins to deliver its ‘Warm Homes Plan’
In response to the increase in fuel poverty within the rented housing sector, the Government has announced plans to improve living standards and deliver warmer, homes which are free from damp and mould.
At the time of writing, private rented homes must meet Energy Performance Certificate E, while social rented homes have no minimum energy efficiency standard at all. The Government will now shortly consult on proposals for private and social rented homes to achieve Energy Performance Certificate C or equivalent by 2030.
The Government has also announced a new Warm Homes: Local Grant to help low-income homeowners and private tenants with energy performance upgrades and cleaner heating.
These plans seek to begin delivery of the Government’s Warm Homes Plan, which hopes to transform homes by making them cleaner and cheaper to operate, from installing new insulation to rolling out solar and heat pumps.
For more information please click here.
Upcoming Events
Webinar: PFI Update
Join us for our PFI Update on Tuesday 5th November between 10:30am – 12:30pm.
During this session, our experts will explore best practices for the daily management of PFI contracts, review recent case studies, and discuss lessons learned from recent PFI contract expiries.
We will also cover effective strategies and timescales for managing contract expiries, examine potential threats of insolvency from Project Co (with insights from a special guest leading counsel), and delve into PFI case law. Additionally, the session will address the latest trends in dispute resolution.
To register your place, please click here.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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