On the 26th of October 2024, the UK government will pass a new law entitled, ‘The Worker Protection (Amendment of Equality) Act 2023’. The aim of the act is to crackdown on workplace sexual harassment, as well as emphasising preventive duties for employers.
Sexual harassment can involve sensitive and complicated elements. Despite that, all businesses must keep in line with the new law. Failing to comply means you could end up facing serious financial costs and tribunal action.
In this guide, we’ll look at what the Worker Protection Act is, what the law covers, and how to ensure your business complies with the new prevention duties.
What is the Worker Protection Act?
The Worker Protection Act 2023 is a new employment law stating employers must take ‘reasonable steps’ to protect their staff from workplace sexual harassment.
The upcoming act is seen as an extension to the Equality Act 2010; which primarily focused on harassment on a whole. The government collectively agreed to draft a stand-alone bill that solely concentrates on sexual harassment in more depth.
It’s important to note that the bill is titled, ‘The Worker Protection Act 2023’ at the moment. However, it could be changed to, ‘The Worker Protection (Amendment of Equality) Act 2024’.
What is included in the Worker Protection Act?
The Worker Protection Act mostly covers legislation on sexual harassment, rather than harassment alone. The new law concentrates on three key areas:
Duty on employers to prevent sexual harassment of workers
The new act has a heavy emphasis on the legal duties that employers must prevent sexual harassment at work. Preventative measures must apply from the first day a person joins your business – to their last.
This means you can’t wait until incidents happen to take action. Employers are legally bound to anticipate such events and know what measures are needed to ensure sexual harassment doesn’t happen.
This all adds up to your duty of care as an employer. Anyone who fails to take reasonable steps could face serious legal consequences. For example, unlimited fines, work penalties, business closure, and even imprisonment.
Redefining the term ‘sexual harassment’
Under current employment law, The Equality Act 2010 defines sexual harassment as, ‘unwanted conduct of a sexual nature’. This type of misbehaviour usually has the purpose or effect of:
- Violating a worker’s dignity.
- Creating an intimidating, hostile, degrading, humiliating, or offensive environment for them.
With the introduction of the new law, there’s a clearer definition on what constitutes as sexual harassment. Here, employers will have a better understanding on what reasonable steps are needed to prevent such actions happening to their workforce.
The new law also extends to preventing sexual harassment from third parties relating to the business. For example, from customers, clients, and contractors.
Taking reasonable steps
The new law on sexual harassment outlines eight preventative steps which employers must adhered to. These include:
- Develop an effective anti-harassment.
- Engage your staff.
- Assess and take steps to reduce risk in your workplace.
- Reporting.
- Training.
- What to do when a harassment complaint is made.
- Dealing with harassment by third parties.
- Monitor and evaluate your action.
What are the consequences of breaching the Worker Protection Act?
There are numerous consequences employers could face should they breach laws like the Worker Protection Act. The Equality and Human Rights Commission (EHRC) have the legal authority to enforce actions like:
- Investigating the business.
- Issuing an unlawful act notice (if the business is subject to investigation).
- Entering a formal, legally binding agreement to prevent future unlawful acts.
- Actioning an injunction (through courts) to restrain the business from committing future unlawful acts.
Employment tribunals also have the power to order employers to pay compensation if found guilty of breaching their prevention duties. Employees who win a sexual harassment claim will get compensation, as well as an extra maximum 25% if their employer is found to have breached their preventative duty. They could also be rewarded for lost earnings and injury to feeling.
How to comply with the Worker Protection Act within your workplace
Employers must be proactive and practical when it comes to preventing workplace harassment – including sexual nature. It’s not enough to deal with claims after they’ve already happened and harmed people.
Let’s look at ways your business keeps compliance with the Worker Protection Act:
Create a cultural shift
Employers should take is creating a cultural shift when it comes to dealing with sexual harassment.
The right approach should come from the top downwards. Senior staff should set the precedence for what behaviour is deemed appropriate at work. It falls on them to promote a workplace that values respect, dignity, and inclusion.
They should also have the power to deal with anyone who disregards these ethics. This includes addressing the person in question, as well as following through with the right disciplinary measures.
Update your harassment policies
You should update your harassment policies to include sexual harassment. Documents should clearly define what sexual harassment is; as well as provide examples of what’s needed to tackle it.
Many companies list sexual harassment under their main harassment policy. However, due to its sensitive nature, it’s best practice to have a separate policy in place.
All policies associated with sexual harassment should be documented. This includes digitally and in written form; all of which should be available to staff at any given time.
Introduce staff training
It’s important for all staff members to be introduced to training on identifying and managing cases of sexual harassment.
Training can involve what to do if such misconduct happens to themselves, as well as fellow colleagues. It can also include following the right steps to prevent or even address it in real time.
Staff training can include all kinds of methods; like seminars, role-plays, and reading materials. With the right guidance, employers can promote a workplace that’s steadfast in preventing harassment of all natures.
Set out clear reporting procedures
Employers must take is setting out clear procedures for reporting sexual harassment in the workplace.
These must be transparent and confidential for employees to report issues. Emphasise that they won’t face any consequences or detriment for raising issues. Without this, employees won’t feel confident in speaking out in the future.
Any evidence of sexual harassment or discrimination should be investigated through proper procedures – followed with consequences. In some instances, these cases may need to go through civil law.
Get expert advice on the Worker Protection Act with Peninsula
Every employer has a legal duty of care over their workforce – and that includes protecting them from sexual harassment. Without proper compliance to the new prevention law, you could face serious financial and legal consequences.
Peninsula offers expert advice on complying with the Worker Protection Act. We also offer 24-hour HR advice – helping your business tackle all forms of workplace harassment and discrimination.
Want to find out more? Contact us on 0800 028 2420 and book a free consultation with an HR consultant today.
