Leaders often worry their employees will resist change.
Olivia Broderick
Executive PA @ stopsexualmisconduct.co.uk | Stop Sexual Misconduct
The Imperative of Adapting to the New Worker Protection Act 2023
I recently came across a thought-provoking post on LinkedIn that said, "Leaders often worry their employees will resist change. Ask yourself and them… What if we stay the same? What’s the risk? What should we fear if we carry on as we are?" This prompted me to write this article. Change is often met with resistance, especially within organisations accustomed to established routines and practices. However, in today's rapidly evolving world, the true risk lies in staying the same. This is particularly relevant with the introduction of the new Worker Protection Act 2023, which mandates comprehensive preventative sexual harassment training and the implementation of preventative sexual harassment policies. So Leaders must ask themselves and their employees: What if we stay the same? What’s the risk?
The Ineffectiveness of Minimal Efforts
It's important to note that "tick in the box" e-learning sexual harassment modules and one-page "skim over the top" policies are insufficient. These approaches fail to instil the depth of understanding and behavioural change necessary to create a safe workplace. We understand that the last thing your employees want to do is sit through a three-hour training session or for your HR department to spend countless hours compiling a comprehensive sexual harassment policy. However, the reality is that superficial measures do not work. Whether or not it's convenient or desirable, thorough and effective training and policy development are mandatory.
The Risk of Inaction
Remaining stagnant poses significant risks. Companies currently making headlines due to sexual harassment claims serve as reminders of the consequences of inaction. These organisations face not only legal repercussions but also severe reputational damage, loss of customer trust, and demoralised workforces. In this context, staying the same is not an option-it’s a liability.
The New Worker Protection Act 2023
The new Worker Protection Act 2023 requires employers to take a "preventative duty" and "reasonable steps" to prevent sexual harassment in the workplace. This includes:
Adapting to Change
In the face of these new requirements, adaptation is not just necessary - it’s mandatory. Leaders may fear resistance from employees who are reluctant to embrace change. However, the stakes are too high to allow hesitation. Failing to comply with the Worker Protection Act 2023 doesn’t only expose the company to legal penalties; it puts the entire workforce at risk. Employees need to understand that their participation in this change is crucial for their own protection and well-being.
Consequences of Non-Compliance
As we have mentioned countless times, the consequences of not adhering to the new law are severe. Companies that fail to implement the required training and policies could face substantial fines and increased compensation costs. Currently, for one instance of sexual harassment at work, the average claim stands at ￡37,000, but under the new act, this is expected to rise to ￡47,000 - an uplift of 25%. Additionally, the Equality and Human Rights Commission (EHRC) will have the authority to issue Section 23 notices, allowing them to monitor companies to ensure compliance. Firms lacking the correct insurance could be fined ￡2,500 each day they remain improperly insured, and a further ￡1,000 for not displaying their Employers' Liability (EL) certificate.
As an example a company faced 7 separate individual allegations of sexual misconduct, if all 7 were successful, thats ￡329'000.
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The Necessity of Compliance
Given the way the world is today, adaptation to change is inevitable. Whether employees resist or not, compliance with the Worker Protection Act 2023 is non-negotiable. Employers and employees alike must recognise that this change is designed to create a safer, more respectful workplace for everyone. The law is clear, and failure to comply will have far-reaching consequences for both the organisation and its staff.
Change is challenging, but the real danger lies in failing to adapt. The new Worker Protection Act 2023 presents an opportunity for companies to foster a safer, more inclusive workplace. By embracing the necessary changes - implementing comprehensive training and robust policies - employers not only comply with the new law but also protect their employees and secure the future of their business. The cost of inaction is far too great; it’s time to act, adapt, and ensure a safer working environment for all.
Disclaimer
This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information [email protected] ? 2024.
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