The Worker Protection Act 2023 came into force on 26 October 2024. Employers are now faced with an evolving duty to proactively prevent sexual harassment in the workplace. This shift represents a significant step toward a safer and more respectful work environment. For the first time, employers bear a legal duty to actively protect workers not only from colleagues but also from harassment by third parties, such as clients, customers, or other members of the public.
This article outlines the steps employers must take to prepare for these new legal obligations and foster a culture of safety, trust, and accountability in the workplace.
Why is This Act Important?
The updated Worker Protection (Amendment of Equality Act 2010) Act 2023 highlights that sexual harassment is still widespread in UK workplaces. Recent findings revealed that one in ten employees have experienced or witnessed sexual harassment, yet only half report it, often due to fear of retaliation or lack of confidence in the organisation’s response. Moreover, a TUC study showed two in five women experience recurring sexual harassment during their careers.
Under the new Act, the responsibility to prevent harassment shifts away from employees, requiring employers to actively take steps to prevent and address it. This represents an essential change in legal and organisational responsibilities that can have profound effects on organisational culture, morale, and productivity.
Key Steps for Employers
1. Conduct a Risk Assessment
- Employers should proactively assess risks that could lead to sexual harassment in their work environments. Key risk factors might include power imbalances, job insecurity, lone or night working, or environments where alcohol is present.
- A risk-based approach helps organisations identify and mitigate potential harassment situations before they arise.
2. Update Policies and Procedures
- With updated guidance from the Equality and Human Rights Commission (EHRC), employers should review and revise their sexual harassment policies to align with the new legal duties.
- Ensure all policies and reporting mechanisms are user-friendly and accessible to employees at all levels.
3. Communicate Policies and Reporting Processes
- It’s vital to communicate new policies and procedures effectively across the organisation. Employees should know how to report harassment, what to expect when they do, and understand the repercussions of breaching these policies.
- Clear communication demonstrates the organisation’s commitment to maintaining a respectful and safe workplace.
4. Train All Staff Regularly
- Training is essential to help employees recognise sexual harassment, understand their role in preventing it, and feel confident reporting any issues. Training should also focus on handling third-party harassment where employees might interact with the public.
- Regular, practical training reinforces company values and ensures everyone is aware of their responsibilities under the new Act.
5. Engage with Workers Continuously
- Actively engaging with employees helps employers understand the unique challenges within their specific workplaces and helps tailor policies and actions to suit these needs.
- Ongoing consultation with employees supports a culture where reporting is encouraged, and trust is built across the organisation.
6. Monitor and Review Measures Regularly
- Preventing harassment is an ongoing process. Organisations should continuously reassess risk, review the effectiveness of their measures, and adapt as needed.
- Regular reviews ensure policies remain fit for purpose, up-to-date, and in line with legal requirements.
Benefits of the Proactive Duty for Workplace Culture
Employers who take meaningful steps to prevent harassment foster a work culture where employees feel respected, valued, and supported. These improvements can reduce the number of harassment incidents, enhance employee engagement, and support individuals in reaching their full potential. In the end, creating a positive, inclusive, and respectful workplace benefits not only employees but also the broader organisation.
Key Takeaways for Employers Preparing for the Worker Protection Act 2023
- Proactive Obligation: Employers now hold a duty to take preventative steps against sexual harassment.
- Inclusive Protections: Protection extends to harassment from third parties, such as clients and customers.
- Tailored Approach: Preventative measures should be “reasonable” and reflect the organisation’s size, resources, and nature.
- Ongoing Process: Regular risk assessment, training, and policy reviews are vital.
- Employee Engagement: Open communication with employees reinforces a culture of respect, trust, and accountability.
The Worker Protection Act 2023 represents a shift towards a proactive, risk-based approach to preventing sexual harassment. By taking these proactive steps, employers can create a safer workplace and a healthier, more productive organisational culture.