How to Prepare for The Worker Protection Act (UK)

The Worker Protection Act 2023, formally known as The Worker Protection (Amendment of the Equality Act 2010) Act 2023, is groundbreaking legislation in the UK that enhances safeguards for employees against sexual harassment in the workplace. 

This amendment to the 2010 Equality Act marks a pivotal shift from reactive to proactive strategies, legally imposed on employers to take preventive measures against sexual harassment. The Act’s compliance deadline is October 26, 2024, giving organisations a critical window to align their policies and practices with the new legal requirements.

Why the Worker Protection Act Matters

The urgency of this Act is underscored by concerning statistics. Per the Equality and Human Rights Commission (EHRC), as of 2018, 40% of women and 18% of men in the UK have reported experiencing some form of sexual harassment at work. Additionally, a staggering 75% of employees have witnessed sexual harassment in their workplaces. These figures highlight the pervasive nature of the problem and the pressing need for robust preventive measures.

Understanding the Legal Framework

Previously, the law required employers to avoid harassing employees or job applicants. Sexual harassment is defined as unsolicited conduct of a sexual nature that violates someone’s dignity or triggers a hostile environment. Under the new Worker Protection Act, employers must now take “reasonable steps” to prevent sexual harassment from occurring, tailoring strategies to address specific workplace risks.

Key Provisions of the Worker Protection Act

Proactive Duty to Prevent Harassment: Employers are mandated to implement protective measures to prevent sexual harassment in their place of business. This includes developing comprehensive policies, providing regular and meaningful training, and assessing and mitigating risks specific to their workplace. The shift from a one-size-fits-all approach to tailored strategies is crucial in effectively addressing workplace-specific risks.

No Standalone Right for Individuals: While individuals cannot enforce the Act independently, an employment tribunal considering a sexual harassment claim will evaluate the extent of the employer’s compliance with the new duty. If the duty is breached, the tribunal can increase compensation by up to 25%.

Enforcement Mechanisms: The EHRC will play a critical role in enforcement, conducting investigations, creating action plans, and issuing injunctions. They can also publish information about breaches, significantly impacting the public image of the offending organisation.

Preparing for Compliance

Organisations must begin preparations to comply with the Worker Protection Act. The EHRC is expected to release detailed guidance in September 2024, but companies should start by reviewing and updating their current policies and training programs.

Key Steps for Employers

Policy Review and Development: Companies should first examine their existing policies. It is crucial to have a clear, distinct sexual harassment policy or to ensure this is prominently addressed within broader policies. Define sexual harassment clearly, provide concrete examples, and ensure no ambiguity.

Training Programs: Regular training sessions are essential for new hires and as regular refreshers for all staff. Training should cover recognising sexual harassment, the steps to take if it occurs, and the roles of bystanders in preventing harassment.

Risk Assessments: Identify roles and situations that might be more susceptible to sexual harassment, such as late-night shifts or positions with significant power imbalances. Tailor preventive measures to address these specific risks.

Reporting Mechanisms: Develop transparent, accessible reporting systems. These should include various reporting channels, such as hotlines, designated emails, and anonymous options. Clear procedures for when and how to report ensure employees know what to do if they experience or witness sexual harassment.

Building a Supportive Culture: Foster a workplace culture that encourages reporting and supports victims in speaking up. This involves HR actively engaging with employees, building trust, and ensuring prompt investigation of complaints. It’s about compliance and creating a safe and supportive work environment.

Documentation and Monitoring: Keep detailed records of all preventive measures, training sessions, and incidents. Regular audits and staff feedback can help refine strategies and ensure ongoing compliance.

Engaging Leadership and Employees

Buy-in from leadership is crucial, and a tone at the top must be set to prevent sexual harassment. When senior management is visibly committed to preventing harassment, it sends a strong message throughout the organisation. Engage staff in developing solutions, gather data through surveys and focus groups, and ensure everyone understands the importance of the Act and their role in maintaining a safe workplace.

Addressing Challenges and Prospects

Despite the Act’s focus on sexual harassment, questions arise about its application to other forms of harassment. While this Act specifically targets sexual harassment due to its high prevalence and impact, it sets a precedent that could influence future legislation. Training remains a challenge, especially in differentiating between types of harassment. However, targeted training for various roles, including employees and managers, can empower employees to prevent and address harassment appropriately.

What is a Protected Act?

In the context of employment law, a protected act refers to actions taken by an employee to assert their rights under discrimination law. This includes making a complaint about discrimination or harassment, supporting someone else’s complaint, or giving evidence related to a complaint. The Worker Protection Act reinforces the importance of protecting employees who engage in these activities, ensuring they are not subjected to retaliation or further harassment.

Conclusion

The UK Worker Protection Act 2023 is a landmark step. By prioritising prevention, it requires employers to take proactive actions to protect their employees from sexual harassment. As the compliance deadline approaches, organisations must act swiftly to review their policies, implement practical training, and build a culture of safety and respect. They must demonstrate that they comply with the law and foster a safe and productive work environment for all employees.

For expert guidance, contact HR Team. We are an expert HR consultancy agency covering both Ireland and the UK.