Worker Protection Act: What you need to know
In October 2024, the Worker Protection (Amendment of Equality Act 2010) Bill came into force, strengthening the legal requirements for employers to take proactive steps in preventing sexual harassment in the workplace. This legislation represents a significant shift in how businesses must address workplace conduct, reinforcing the duty of care owed to employees.
Key Obligations for Employers
Under the Act, employers are now legally obligated to:
- Take Reasonable Preventative Measures – Employers must actively assess and mitigate risks associated with sexual harassment. This should include reviewing existing policies, conducting regular workplace risk assessments, and applying measures to create a safe environment.
- Deliver Appropriate Training – Providing regular and comprehensive training for all employees on acceptable workplace behaviour is crucial. Leadership and HR teams should also receive enhanced training on identifying, managing, and preventing instances of harassment.
- Foster a Culture of Respect – Building a positive workplace culture where inappropriate behaviour is openly discouraged and swiftly addressed is key. Employers should ensure robust communication about anti-harassment policies and clearly outline consequences for violations.
- Address Complaints Promptly – The Act requires employers to handle sexual harassment complaints promptly and thoroughly. Investigative processes must be fair and transparent, with a focus on safeguarding both complainants and respondents throughout the process.
Consequences for Non-Compliance
Failure to comply with the Worker Protection Act could result in significant penalties, including fines and reputational damage. Employers may also face legal action from affected employees if preventative measures are deemed inadequate. CIPD states that if this duty is breached by an employer, Tribunals will have the power to increase compensation by up to 25%.
Practical Steps for Employers
To comply with the Act, employers should:
- Review Policies: Ensure workplace policies are up-to-date and clearly define unacceptable behaviour and reporting processes.
- Engage Employees: Encourage employees to participate in policy reviews and provide feedback on workplace safety measures.
- Appoint a Safeguarding Lead: Delegate a point of contact for all harassment-related concerns.
- Regular Audits: Conduct recurring audits to assess the effectiveness of anti-harassment measures and update strategies as required.
This legislation serves as a reminder that preventing sexual harassment is not just a legal requirement but a moral obligation. By taking proactive and meaningful steps, employers can foster a safer and more inclusive workplace for all.
You can access all the information on the Bill by clicking here.
