The new UK sexual harassment laws under the Worker Protection Act are set to come into force on 26 October 2024. These laws introduce a new duty on employers to take “reasonable steps” to prevent sexual harassment in the workplace, moving from a reactive to a preventative approach.
What will this mean for my business….
Employers will need to assess risks proactively and implement measures like training, updated policies, and regular reviews to protect employees from harassment in the course of their employment, including at work-related events like conferences or social functions – like the Christmas party for instance, even if it’s an impromptu event!
While the original draft of the law required employers to take “all reasonable steps,” this was amended to “reasonable steps” during its passage through Parliament, which is a slightly lower threshold. However, if an employer fails to meet this duty, tribunals will have the power to increase compensation awarded in harassment cases by up to 25% so it could get expensive.
Although these new rules significantly enhance workplace protections, they do not extend to third-party harassment (such as from customers or clients), which was initially proposed but later removed during the legislative process. (However, this doesn’t mean managers can turn a blind eye to harassment in such cases.)
Employers should begin reviewing their current harassment policies and training programmes now to ensure compliance by October 2024, it may be easier and more robust to introduce a new policy.
Topics covered by the Worker Protection Act 2023
The Worker Protection Act 2023 primarily focuses on enhancing the protection of workers against harassment in the workplace, with a particular emphasis on sexual harassment. Here are the key topics covered by the Act:
1. Prevention of Sexual Harassment: Employers are required to take reasonable steps to prevent sexual harassment in the workplace. This includes creating proactive measures rather than only responding after incidents occur.
2. Employer Liability for Sexual Harassment: Employers may face penalties, including a 25% uplift in compensation for harassment cases if found to have breached their duty to prevent sexual harassment.
3. Workplace Events and Off-Site Activities: The Act also covers incidents that occur during work-related events (e.g., conferences, social events) where sexual harassment may take place.
4. Scope of Harassment Covered: The Act focuses on sexual harassment specifically and does not extend to harassment based on other protected characteristics (such as race or age).
5. Third-Party Harassment: Initially, the Act aimed to reinstate provisions for employer liability for harassment by third parties (e.g., customers), but these provisions were removed before the Act was passed.
What do you need to do now….
By following these steps, you can ensure compliance with the Worker Protection Act and create a safer, more respectful work environment for all employees
- Update/implement a Sexual Harassment Policy
- Conduct risk assessments
- Provide training
- Establish clear reporting mechanisms
- Create a culture of respect
- Monitor and follow up on complaints
- Prepare for potential investigations
- Implement regular policy reviews
As always Rachel is here to help you walk through these changes ….
Email – rachel@kcapeople.co.uk
Call – 01244 732074
