On 26th October 2024, the Worker Protection Act 2023 will come into force, marking an important advancement in improving workplace equality. This new legislation strengthens protections against harassment and imposes new duties on employers. Read on for a breakdown of the key changes and what they mean for employers and employees.

A New Duty to Prevent Sexual Harassment

This amendment will dictate a mandatory duty on employers to take ‘reasonable steps’ to prevent sexual harassment in the workplace. Previously, employers were only held accountable if harassment occurred and wasn’t adequately addressed. Now, they must proactively work to prevent it. While the law doesn’t specify exact reasonable actions, it highlights the need for proactive measures.

If employers fail to fulfil this duty, they may face legal consequences, including fines and compensation claims from affected employees. CIPD research indicates that tribunals can increase compensation by up to 25% if they find that an employer has breached this duty. 

Some steps employers could consider include:

•       Anti-Harassment Policies: Clear policies outlining what constitutes harassment, how to report incidents, and what action will be taken.
•       Frequent Training: Regular and up to date training sessions on equality, diversity, and anti-harassment to raise awareness.
•       Confidential Reporting Systems: Accessible systems for reporting harassment that protect employees’ confidentiality.
•       Swift Action on Complaints: Prompt investigations and appropriate disciplinary actions when complaints are made.

How else can I prepare as an employer?

October is just around the corner! Businesses need to start preparing now. The sooner the changes are addressed, the easier it is to implement and avoid potential pitfalls. Here are some practical steps employers can take:

•       Review Existing Policies and Risks: Ensure equality and anti-harassment policies align with the new law. Identify any areas or situations where harassment might be more likely to occur and take steps to address these risks.
•       Implement or Update Training: Ensure all employees, across all ranks, receive training on how to prevent and address harassment.

What Does This Mean for Employees?

For workers, the Worker Protection Act 2023 offers greater security. Employees will now have more robust legal protections against harassment from colleagues and third parties. If they feel their employer isn’t doing enough to prevent harassment, they will have more substantial grounds for legal action.

This legislation will create a safer and more respectful workplace culture across all sectors. The Equality and Human Rights Commission (EHRC) will ensure employers comply with the new duties. The EHRC is expected to provide detailed guidance on what constitutes “reasonable steps” and could take legal action against employers who fail to meet their obligations.

Many will celebrate the new legislation as a major step towards a safer and more respectful environment. Be it sexual comments and jokes or a severe assault, the statistics are extremely concerning. According to the UK parliament website, research highlights that 40% of women and 18% of men have encountered a form of unwelcome sexual behaviour in a professional setting.