October 2024 will see significant changes to the Worker Protection Act come into effect. Primarily focused on enhancing protections against sexual harassment in the workplace, it is vital that your organisation stays aware of what is changing, and takes the necessary steps to ensure that you comply. Here is our overview on what to expect:
What changes are taking place?
The Worker Protection Act 2023 is an amendment of the Equality Act 2010. Coming into force on 26th October 2024, the act means that employers have a legal duty to take reasonable steps to prevent sexual harassment of their employees in the workplace. Focus should shift from ‘redress’ to ‘prevention’, meaning that employers need to take proactive, positive steps to tackle harassment, rather than simply addressing incidents after they have occurred. If employers do not take reasonable steps to prevent sexual harassment, then the Equality and Human Rights Commission can take enforcement action. Another key change is that, where employers have been found to have breached this new duty, employment tribunals will be given the power to uplift sexual harassment compensation by up to 25%.
Ultimately, the aim should be to create a more positive and respectful workplace culture where employers understand their accountability and everyone in the organisations feels more empowered to stop any form of harassment and employees feel better protected.
What actions can my organisation take to comply?
In order to comply with the new legislation – as well as create a safer and a working environment based on dignity and respect – employers are advised to update their harassment policies, implement comprehensive training programmes and establish robust reporting mechanisms whilst providing or signposting the support available.
Examples of what actions organisations could take include:
- Making sure a reporting mechanism and register for complaints about all forms of harassment exists and include an option for anonymous disclosures. This means that ongoing monitoring can take place to spot recurring themes and potentially risky practices, and ensure these are addressed. The data protection elements of this step will need to be considered – for example, employers will need to identify a lawful basis for the register, as well as securing it appropriately and making sure it can only be accessed on a ‘need to know’ basis.
- Being proactive in identifying harassment risks within roles and particular circumstances, and ensuring that specific measures to protect employees have been thought through in each of these cases. This could involve consultation with representatives of relevant employees or third-party experts.
- Anti-harassment at work policies should be updated and re-circulated amongst all employees to make sure they understand the behaviour standards expected from them. They should also be provided with the appropriate tools to address inappropriate behaviour, as well as given awareness of the protections that are available to them.
- The implementation, or updating of, sexual harassment prevention training to help employees understand what sexual harassment is, why it takes place, how it can be recognised and the steps to take if you are a victim or witness of sexual harassment. To comply with the new act, it is vital, however, that this training is meaningful and more than just a simple ‘tick-box’ exercise. Effective training will not only help to raise awareness for all employees but also build confidence in managers to prevent incidents of sexual harassment whilst also creating a much more positive and inclusive workplace culture.
With just over three months until the changes to the Worker Protection Act come into place, it is vital that employers take the necessary proactive steps to ensure that they comply with the act – and more importantly, are continuing to create workplaces where employees feel safe, protected and respected.
The team at inclusion in have been supporting various organisations over the last few months to prepare for the new legislation. We have done this by creating and delivering impactful and empathetic development sessions for all employees, and in particular leaders and managers, to explore their role and responsibility in preventing harassment of any kind whilst at the same building their confidence to proactively ensure a positive and respectful workplace. If you would like to find out more please get in touch here.