Note:
The Worker Protection (Amendment of Equality Act 2010) Act 2023, Section 40A goes into effect on Monday the 26 of October 2024. Employers should ideally have ensured their compliance by then.
What is new about the Worker Protection Act?
The Worker Protection Act shifts the focus for employers from reaction to prevention. It is no longer enough for employers to address sexual harassment after the fact. It is now a separate positive legal duty that requires employers to take reasonable steps to prevent sexual harassment in the workplace.
This preventative duty only applies to sexual harassment, not other forms of harassment.
We can provide comprehensive training on sexual harassment and help you comply with your new positive duty to prevent sexual harassment in your business or organization.
What happens if employers don’t comply with the Act?
Whether an employer has taken reasonable steps is an objective test and will depend on each situation’s facts and circumstances.
If the employment tribunal finds the employer has failed to take “reasonable steps” to prevent harassment, the Tribunal can increase compensation to claimants by up to 25%.
This increase in compensation applies to other types of harassment claims as well.
Who can file a claim under the Act?
Harassment by so-called third parties is not covered by the Worker Protection Act, meaning that a worker cannot bring a standalone claim in the Employment Tribunal for third-party harassment. Employees are not protected against harassment by customers or clients, only their colleagues. However, there is a preventative duty requiring employers to take reasonable steps to prevent sexual harassment by third parties such as clients and customers. E.g. putting up a sign in the restaurant or business saying there is a zero-tolerance policy for sexual harassment of their staff.
How can employers ensure compliance with the Worker Protection Act?
1. Review policy and procedures
The first step is to get clarity over existing policies and procedures, to identify shortcomings or loopholes. Employers are often not clear on their own policies. It’s equally important to update policies yearly and to monitor compliance.
2. Training
Regular training for all employees is essential, including onboarding for new hires and refresher courses for existing staff. Managers and supervisors should get extra training. Tailor your training to the reality of the working life for your business, to avoid a box-ticking exercise.
Effective training on sexual harassment will cover three topics at a minimum: how to identify conduct that constitutes sexual harassment, how to report it in your company, and bystander intervention.
3. Clarify reporting mechanisms
Clarify existing reporting mechanisms and identify any gaps. If they are cumbersome or confusing, simplify. Ensure that every employee knows how to file a report and knows what response to expect from management, once they have filed.
Providing several ways to report increases the chance that problems will be caught early. These options can include hotlines, a custom email address, a personal meeting – as appropriate for the particular group of employees in your particular business.
Employees with complaints should also have the option to remain anonymous. Anyone coming forward should not be retaliated against. There are no reprisals for reporting incidents that are either personal or happening in the business.
4. Build a supportive culture
An informal supportive culture is often as important as official policy. Successful managers will demonstrate they “get” the problem by taking sexual harassment seriously and investigating complaints quickly and decisively.
The first question to ask is whether your current culture discourages sexual harassment and encourages disclosure. A staff survey is a good starting point, as is a review of past incidents and their results.
5. Keep good records
Make sure to document all training sessions, new policies, complaints and feedback. This will not only improve the quality of the training, but allow the company to document to an Employment Tribunal that it is taking the “reasonable steps” the law now requires.
Protect Your Business with Expert Guidance on the Worker Protection Act
If you want to understand how the Worker Protection Act could affect your business and what proactive measures you can implement to prevent sexual harassment in the workplace, including specialised training on sexual harassment, evaluating your current policies, or suggesting other preventative measures, our Employment Law team is ready to assist. Your first consultation with us is free, and you retain full control over your next steps.