What Employers Need to Know About Preventing Sexual Harassment

With the upcoming implementation of the Worker Protection Act 2023 on 26 October, UK employers will face enhanced responsibilities in tackling sexual harassment in the workplace. Unlike the current reactive measures, which focus on addressing harassment after it occurs, the new legislation emphasises creating an environment that actively prevents harassment.

The Rising Need for Prevention

The numbers are stark: sexual harassment cases have surged by 46.5% in the past four years, underscoring the urgent need for employers to bolster their preventative efforts. According to recent surveys, 55% of women believe that their workplace poses a risk of sexual harassment, and one-quarter of women have witnessed harassment at work. These figures make it clear that the current measures are insufficient, and stronger prevention is necessary.

To guide businesses through this transition, the Equality and Human Rights Commission (EHRC) has released updated guidance that outlines the expectations and actions employers should take to meet the new requirements.

What Are Employers Required to Do?

Under the Worker Protection Act, employers must take “reasonable steps” to prevent sexual harassment, and failure to meet this duty could lead to significant penalties, including a potential 25% increase in compensation at tribunal. Here are the key actions businesses should consider:

1. Conduct Regular Risk Assessments
   Employers must evaluate the risk of harassment within their workplace and assess any vulnerable areas. This includes understanding the nature of the workforce, work environment, and identifying any existing problems.
2. Engage with Employees
   Communication with staff is crucial. Employers should create opportunities for open discussions, feedback, and suggestions regarding the prevention of harassment. Employee input is key in creating effective and responsive policies.
3. Monitor and Evaluate Policies
   Regularly reviewing and updating anti-harassment policies is essential. Employers should ensure that all staff are aware of the policies and that procedures for reporting incidents are clear and easily accessible.
4. Prevent Third-Party Harassment
   The Act extends the duty of care to third-party harassment, meaning employers must protect their employees from harassment by clients, customers, or other external parties. Although this isn’t explicitly part of the Worker Protection Act, the EHRC has the power to take action against non-compliance in this area, emphasising the need for proactive measures.

The Role of the EHRC and Potential Consequences for Non-Compliance

The EHRC’s enforcement powers mean that non-compliance with these new requirements can be addressed even without a specific harassment incident. Employers must now take a proactive approach to safeguarding their employees, ensuring a safe and respectful workplace for everyone.

Looking Ahead

The Worker Protection Act 2023 is a significant step forward in addressing workplace sexual harassment. Employers must now ensure they are prepared to meet these new expectations, with robust policies, training, and procedures in place to prevent harassment before it happens. Beyond the legal implications, creating a safe and inclusive workplace is vital for employee wellbeing and organisational success.

With the introduction of this new legislation, now is the time for businesses to reassess their practices, ensuring they comply with the law and protect their employees effectively. Failing to take action could not only lead to financial penalties but also significant reputational damage.

The changes ushered in by the Worker Protection Act 2023 present a clear opportunity for organisations to demonstrate their commitment to creating safe and inclusive workplaces. Now, more than ever, proactive prevention is key.

Need Support?

If you need help navigating these changes, our dedicated team of experienced and qualified HR Consultants across the UK are here to support you. We can provide guidance ensuring that your business is fully prepared to meet its new obligations under the Worker Protection Act 2023.

For more information or to discuss how we can assist you, please fill in the contact form below, and a member of our team will be in touch shortly.