On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will take effect. This will introduce stronger obligations for employers to safeguard their employees from sexual harassment in the workplace. The aim of this new legislation is to close gaps in existing laws and ensure a proactive approach to employee protection.
In this article, we’ll explore what’s changing, why it’s important, Labour’s influence on these developments, and what employers, particularly SMEs, should do to get ready for the new requirements.
Strengthened Protections: What’s New in the Worker Protection Act?
The new law establishes a legal duty for employers to actively prevent sexual harassment in the workplace, rather than simply responding to complaints after the fact. It expands the concept of protection beyond the immediate office setting, requiring businesses to take steps to ensure employees are safeguarded during work-related events like conferences, networking events, and office parties.
However, this duty focuses on direct sexual harassment and does not cover:
– Cases where an employee is treated unfavourably for rejecting or submitting to harassment.
– Harassment linked to other protected characteristics under the Equality Act 2010, such as race, disability, or non-sexual gender-based harassment.
Labour’s Role in Shaping the Worker Protection Act
The Labour Party has played a key role in pushing for these changes, advocating for stronger worker protections for several years. Labour has long campaigned for greater accountability in the workplace, particularly when it comes to issues like harassment and discrimination. The party’s commitment to addressing sexual harassment aligns with its broader agenda of improving workers’ rights and creating safer, more inclusive workplaces.
Although the Worker Protection Act is a cross-party initiative, Labour has consistently championed this type of reform, arguing that the current legislation doesn’t go far enough to protect vulnerable employees. The introduction of the new duty to ‘proactively prevent harassment’ reflects many of Labour’s priorities, including ensuring that all employees, regardless of their role or status, are treated with dignity and respect.
What “Reasonable Steps” Must Employers Take?
The requirement to take “reasonable steps” to prevent sexual harassment can seem broad, but the Equality and Human Rights Commission (EHRC) has offered guidance. The interpretation of “reasonable” will vary from business to business based on several factors. This includes factors such as the size of the organisation, its resources, and the sector in which it operates. However, here are some universal principles:
Tailored approaches: Businesses, especially SMEs, are not held to a one-size-fits-all standard. What’s considered reasonable will depend on your company’s specific circumstances. However all employers are expected to actively reduce the risk of harassment.
Objective measures: Whether an employer has taken reasonable steps will be assessed on a case-by-case basis. The steps you take must be seen as adequate and appropriate for your organisation’s environment.
For small businesses with fewer resources, taking reasonable steps could involve setting clear policies, providing regular training, and ensuring employees know how to report incidents.
What Happens If Employers Fail to Comply?
The consequences for failing to meet these new obligations can be significant. The EHRC has the authority to investigate and take enforcement action against non-compliant employers.
Additionally, in cases where a sexual harassment claim is successful, the Employment Tribunal could increase compensation by up to 25% if the business failed to take adequate steps to prevent the harassment. This underlines the need for employers to put proactive measures in place before the law comes into force.
How the New Law Builds on Existing Protections
The Equality Act 2010 has long protected against sexual harassment, prohibiting not only harassment itself but also any unfavourable treatment resulting from an employee rejecting or submitting to it. The Worker Protection Act enhances this framework, ensuring that employers are required to prevent harassment rather than just respond after an incident occurs.
Despite these existing protections, the EHRC found that the law was not fully effective in preventing sexual harassment. This finding was a key driver behind the introduction of the new Act. It will now work alongside the existing Equality Act protections, giving Employment Tribunals more grounds to assess whether businesses have fulfilled their duty to protect employees.
Labour has indicated its support for additional reforms, particularly concerning third-party harassment. While the new Act encourages employers to take reasonable steps to prevent harassment by third parties, employees cannot yet bring claims against their employer under the Equality Act for such incidents. Labour’s ongoing push for more comprehensive protection suggests that this may change in the future, leading to even stronger safeguards for employees.
What Steps Should Employers Take to Prepare for the Worker Protection Act?
With the new law set to take effect on 26th October 2024, employers should start preparing now. Here are some practical steps to ensure compliance and protect your workforce:
- Revise Your Anti-Harassment Policy:
Review your existing policies or create a new one that clearly defines sexual harassment, outlines reporting procedures, and includes behaviour at work-related events. This policy should be accessible and well-communicated to all employees.
- Offer Comprehensive Training:
Provide regular training to all staff members, including senior management. This should cover identifying and preventing sexual harassment. Make sure employees understand their rights and how to report concerns.
- Actively Address Complaints:
Treat all complaints seriously and investigate promptly. A clear, fair process for handling complaints builds trust with employees and demonstrates your commitment to a safe working environment.
- Assess Risks in the Workplace:
Identify areas where sexual harassment risks may be higher, such as customer-facing roles or during social events, and develop strategies to minimise these risks. This could include assigning staff to monitor behaviour during company events.
Creating a Safe and Inclusive Workplace
The Worker Protection (Amendment of Equality Act 2010) Act 2023 is an important step forward in ensuring that workplaces are free from harassment and discrimination. While the new obligations may seem challenging, they also offer businesses an opportunity to create a more inclusive, respectful environment for all employees.
Labour’s influence on these reforms, with its commitment to workers’ rights and stronger protections, reflects a broader shift in how employers must approach employee safety. By preparing now – updating policies, providing training, and fostering open communication, your business can not only meet these new legal requirements but also build a culture of respect and dignity.
How can HPC help?
HPC are here to support you through these changes and ensure your workplace complies with the law and provides a safe, supportive environment for all your employees. With the right measures in place, your business can thrive while protecting the people who make it successful.
This change in legislation means that employers must act now. Cases of harassment can be a one-off incident or a series of events. Nevertheless, as employers, you need to have knowledge, compliance, and protection for sexual harassment of any nature in the workplace. We can provide Sexual Harassment Prevention training to you and your employees to help ensure your workplace is safe, compliant and knowledgeable of the rules. Employers should ensure that training is provided to everyone who works for the company, focusing on recognising sexual harassment and how to report it.
For more information on this training course, please click here.