Worker Protection Act – New Legislation in force from October 2024

The Worker Protection Act 2023 comes into force on 26th October this year, and it is essential that employers understand their responsibilities.

This blog will share steps you can take to ensure you are compliant with the new law, and explain how the law could affect your organisation.

Current statistics indicate that 10% of employees have witnessed or experienced sexual harassment at work – however only half of this figure report it. It is further estimated that 40% of women experience repeated sexual harassment (more than three incidents) during their working lives.

The three most commonly experienced sexual harassment behaviours are

· unwelcome sexual jokes,

· staring or looks, and

· sexual comments

Sexual harassment occurs across all demographic groups, however is shown to have been more likely in women, young people, ethnic minorities, LGBTQIA+ individuals and those with disabilities. Statistically those who experience sexual harassment are likely to have at least one protected characteristic.

The current legislation puts the onus on employees to report sexual harassment, with responsibilities for employers only coming into place after it has been reported.

How will the new legislation change that?

Employers will have a legal duty under the new act, to take “all reasonable steps” to prevent sexual harassment on their workers. This will include harassment by not only employees, but also third parties including customers, patients, clients, or the public.

What steps can organisations take?

1. Be proactive – identify scenarios where harassment may occur and implement measures to prevent it

2. If you are aware of incidents or issues – deal with those to stop repetition

3. Consider the risks in your own business – this will vary depending on size, sector and workforce – but it is essential that all businesses are aware of the individual risks for them

4. Review policies to ensure that processes are in place to facilitate the reporting of incidents, and to deal with issues that may arise

5. Update risk assessments to consider risks – this may relate to staff who are lone workers, work in the presence of alcohol, or in other situations with increased risk

6. Consider training for managers, both to manage difficult conversations and encourage proactive management – and also on how to deal with issues which may arise

7. Communicate clearly with teams –

· What does sexual harassment consist of

· How can all staff prevent it

· What support will the employer provide should incidents occur

· What resources are available to managers to support staff who may experience harassment

· The company’s culture – and reassurance that this (along with other types of harassment) is taken seriously

8. Remember unwanted conduct or harassment can take many forms –

· spoken words

· written words

· banter

· posts or contact on social media

· imagery

· graffiti

· physical gestures

· facial expressions

· mimicry

· jokes or pranks

· acts affecting a person’s surroundings

· aggression

· physical behaviour towards a person or their property

What else changes under the new act?

The Equality and Human Rights Commission will have the power to take enforcement action against employers who do not comply with the act.

In addition, if successful claims are made for sexual harassment to tribunals, which result in compensation, any compensation may be uplifted by up to 25% for failure to comply.

 

Please contact us if you have any questions relating to the legislation or how you will implement this within your own businesses.

If you need training for managers, or communications to issue to employees, please get in touch to see how we can provide this for you.