New Worker Protection Act

7th October 2024

Is your organisation prepared?

The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces significant changes aimed at enhancing protections against sexual harassment in the workplace.

Effective from October 26, 2024, this amendment will place a legal duty on employers to take proactive steps to prevent sexual harassment, a move from a reactive culture to one focused on prevention.

Key Changes for Employers:

• Proactive Responsibility: Employers are now required to take “reasonable steps” to prevent sexual harassment, regardless of whether any actual incidents occur. Previously, the law only required employers to demonstrate that they took “all reasonable steps” after an event of harassment. The threshold for proving this duty has been lowered, making it easier for employees to hold employers accountable for inaction.
• Scope of Harassment: The new law focuses exclusively on sexual harassment, defined as any unwanted conduct of a sexual nature that creates a hostile or degrading environment. Other forms of harassment based on race, age, or gender are not included in this amendment.
• Enforcement and Penalties: Employers who fail to meet this duty may face significant financial penalties. Employment Tribunals can impose an uplift of up to 25% on compensation awards if they find an employer in breach of this duty during a sexual harassment claim. Additionally, the Equality and Human Rights Commission (EHRC) can use its powers to enforce compliance, though historically, these powers have been applied sparingly.

What Employers Should Do Now:

Key steps include:

• Reviewing and Updating Policies: Employers should ensure that anti-harassment policies are current and widely disseminated across the organization.
• Training and Awareness: Providing regular training for staff on recognizing and preventing harassment is a crucial part of compliance.
• Improving Reporting Mechanisms: Establishing transparent processes for employees to report incidents of harassment is vital for creating a safer work environment.

In summary, while the amendment represents a shift towards preventing workplace harassment, it also requires employers to be vigilant and proactive. By acting now, organisations can not only comply with the law but also foster a more inclusive and respectful workplace culture.

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