Changes to Employee Protection
Changes to Employee Protection [under the Worker Protection Act 2023]
As of October 26, 2024, the UK has implemented a new legal duty requiring employers to take “reasonable steps” to prevent sexual harassment in the workplace. This change, introduced under the Worker Protection (Amendment of Equality Act 2010) Act 2023, shifts the focus from reactive measures to a proactive obligation for employers to create a safe working environment.
Key Responsibilities for Employers:
1. Develop Comprehensive Policies: Employers should establish clear anti-harassment policies that define unacceptable behaviour, outline reporting procedures, and specify consequences for violations.
2. Conduct Regular Training: Providing training sessions helps employees understand what constitutes harassment and how to report it. Regular training reinforces the organisation’s commitment to a respectful workplace.
3. Implement Effective Reporting Mechanisms: Establish confidential and accessible channels for employees to report incidents without fear of retaliation.
4. Assess Workplace Risks: Regularly evaluate the work environment to identify and mitigate factors that could contribute to harassment.
5. Address Third-Party Harassment: Employers are also responsible for preventing harassment by third parties, such as clients or customers, and should take steps to protect their employees from such behaviour
Enforcement and Penalties:
While employees cannot bring standalone claims solely based on a breach of this preventative duty.
An individual must first bring a claim against their employer for sexual harassment. If the claimant is successful, a breach of the employment duty will automatically be examined.
If an employment tribunal has found an employer liable for sexual harassment, it can also consider whether the employer has failed in its duty to prevent it, and if so, the tribunal can order an uplift in compensation paid to the employee. A breach of the duty may lead to an uplift in compensation by up to 25%. The amount awarded should reflect the gravity of the breach. Additionally, the Equality and Human Rights Commission (EHRC) can enforce compliance through investigations and require employers to implement corrective actions
Implications for Employers:
Employers must proactively foster a workplace culture that prioritises respect and safety. Failure to comply with these duties not only increases the risk of legal and financial repercussions and can also damage an organisation’s reputation and employee morale. Implementing robust policies, regular training, and effective reporting mechanisms are essential steps in meeting these legal obligations and ensuring a safe workplace for all employees.
Upcoming Legislative Changes:
The Employment Rights Bill, introduced in October 2024, proposes further strengthening of these obligations. The bill suggests that employers must take “all reasonable steps” to prevent sexual harassment, extending responsibilities to include third-party harassment more explicitly. These proposed changes are under consultation and are expected to come into force in Autumn 2026.
If you would like to discuss how GWA HR Services could assist you or your business, then please get in touch.
