Upcoming Legislation Changes – The Worker Protection Act ????

October 2024 will see the introduction of the Worker Protection Act, an amendment of the Equality Act 2010.

What are the key points for employers to note:

1.????? Greater responsibility will be placed on employers to prevent sexual harassment in the workplace.

2.????? Employers will need to focus their efforts on the prevention, rather than their reaction to, sexual harassment.

3.????? Financial implications will become more significant for employers who fail in their obligations to prevent sexual harassment. ?

What is Sexual Harassment?

Sexual harassment is defined as unwanted remarks or physical interactions of a sexual nature. This can include making suggestive comments or jokes, asking intrusive questions, inappropriate physical contact or any kind of sexual assault. It is important to note here that it is not the intention of the perpetrator that is important, the importance is placed on the impact that these acts have on the victim. For example, an employee telling a sexually suggestive joke could be funny to them, but it could be offensive or degrading to one of their colleagues.

Why is this relevant?

Sexual harassment is an important issue for many employees in the UK. A report published in 2023 by the TUC stated that three in five women had experienced sexual harassment, bullying or verbal abuse at work. Concerningly, this report also found that women were often reluctant to report on their experiences due to concerns that they would not be believed or that doing so would damage their careers.

What is changing?

The Worker Protection Act states that employers, ‘must take reasonable steps to prevent sexual harassment of employees in the course of their employment.’ The focus has now shifted onto preventative rather than reactive methods of dealing with these issues.

What could happen if the right safeguards aren’t in place?

To highlight the severity of the issue, employers will face financial consequences if they are shown to have failed in their duties. Employment tribunals will be able to increase the amount of compensation given to a claimant by 25% if it is found that their employer did not take reasonable steps to prevent sexual harassment. A tribunal finding like this can also do irreparable reputational damage to an organisation, which can in turn affect business interests such as client relationships and recruitment.

How to be prepared?

·?????? Review your current policies and procedures.

An organisation’s policies and procedures are fundamental to set the standards of behaviour they expect from all employees. They are important to for employees who have experienced sexual harassment, as reporting such a sensitive issue can appear daunting, as shown by the research mentioned above. Having a clear process to follow can alleviate a lot of stress for these employees and help them to access support more quickly.

·?????? Give managers the tools to handle incidents of sexual harassment.

Organisations should prioritise upskilling their managers so that they have the confidence and capability to challenge sexual harassment. This should give them the knowledge to properly support employees who have experienced these unwanted behaviours. A company culture where the management team are approachable and communicative is important, so employees feel comfortable to raise concerns and are confident that they will be handled appropriately.

·?????? Prioritise training and development.

Making employees aware of what sexual harassment is can remove uncertainty around the subject. Not only will this show employees what actions are deemed as unacceptable, it can also empower employees who have experienced sexual harassment to speak up and report what has happened to them, armed with the knowledge that the behaviour they have experienced sits within that category.

For expert advice and support on how your business can prepare for this legal change, please do not hesitate to get in touch with us. At KaneHR, we have years of experience with helping companies to create positive working environments, from conducting regular policy reviews, to support with engagement, training, and coaching. If you would like more information, you can email us at [email protected] , or feel free to call us on 01252 816644 and our team would be happy to help you. ??

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