Worker Protection Act 2023 - Obligations on Employers
For all UK businesses who employ workers (employees or worker categories) the law changes on 26th October 2024. From that date, employers must show reasonable actions to prevent sexual harassment in the workplace, and to protect workers from sexual harassment.
The potential consequences of failing to do so will be an uplift at tribunal of up to 25% of the sexual harassment claim awarded. Moreover, we expect an increase in complaints owing to the highlighted change in law.
Brief Background
In July 2019, the UK Government released a consultation looking at whether the current sexual harassment laws provide sufficient protection against this unlawful behaviour in the workplace.
In July 2021, the Government published its response to this consultation, confirming that it intended to introduce a new duty for employers to prevent sexual harassment and third-party harassment in the workplace.
The Worker Protection (Amendment of Equality Act 2010) Act 2023
The Worker Protection (Amendment of Equality Act 2010) Act 2023 was given Royal Assent on 26 October 2023, and will come into force on 26 October 2024. It is supported with updated technical guidance [guidelines] from the Equality and Human Rights Commission (EHRC).
The Act introduces a mandatory proactive duty on employers to take reasonable steps to prevent sexual harassment of their employees, and gives employment tribunals the power to uplift sexual harassment compensation by up to 25% where the employer has failed in its duty to take reasonable steps to prevent harassment.
The changes in law require you to take reasonable steps to protect your staff from the risk of sexual harassment from colleagues, customers and contractors/third parties. This is not about the behaviour of your staff necessarily but of the behaviour toward your team from any other party.
As an employer, “reasonable” is defined by the resources of your organisation and the degree of risk your team are exposed to. At the very least you should be:
Creating a risk assessment focussed specifically on the risks of your staff being sexually harassed at work;
Providing a new policy to your staff on sex harassment, making it clear how incidents should be reported;
Providing relevant training to your staff and, specifically, to managers on how any complaints should be handled.
Ignoring this change in law will not be accepted at tribunal. The Act is clear in requiring employers to meet the guidelines of the Equality and Human Rights Commission as published. This is very similar to the ACAS code of practice on Disciplinary and Grievance process.
Have you got this covered?
How We Can Help
If you need help and support, contact us NOW.
For a fixed fee of £295 (+ VAT) we will provide;
A process checklist
A risk assessment template
Relevant policy templates
A human (not legal) communication drafted for you.
An hour of our time to help you through the process.
Call us now on 01962 217338 to get the ball rolling, book a Discovery Call if you’d like to discuss this further, or send us your details and we’ll get back to you.
This important change in the law is just around the corner, so act NOW.
Martin Nicholson is the Managing Consultant at ProAction HR, providing Human Resources Services to SME businesses in Southampton, Winchester and throughout Hampshire and the adjoining counties.
Co-founder of the Winchester-based HR company, Martin and his team support clients across Hampshire and neighbouring counties, providing HR advice, HR consultancy, and HR services. They cover a broad range of HR solutions, from one-off responsive HR support to a full Human Resources service, along with Learning & Development, Training and Change Management.
“Helping organisations to thrive on the value & uniqueness of their people.”
