The Worker Protection Act 2023 comes into force on 26 October 2024 in the United Kingdom, imposing a new duty on employers in the UK to take proactive steps to prevent sexual harassment in the workplace. This guide breaks down what employers need to know to comply with the Act, offering a practical roadmap for compliance.
The new law reflects a growing recognition of the seriousness of workplace harassment. Alarming statistics reveal that nearly half of all women and 1 in 5 men experience sexual harassment at work. This new preventative duty extends beyond responding to complaints, placing the onus on employers to act before harassment occurs. In this guide, we’ll walk through the key compliance steps, from conducting risk assessments to implementing effective policies and tracking harassment incidents.
What are employers’ obligations under the Worker Protection Act 2023?
The Worker Protection Act 2023 amends the Equality Act 2010 and introduces a new duty for employers to prevent sexual harassment. This means all employers are now legally required to:
- Take all reasonable steps to prevent sexual harassment.
- Carry out risk assessments to understand potential harassment risks in their workplace.
- Introduce preventative measures like training, clear policies, & regular monitoring, tailored to their specific environment.
This new duty places the emphasis on prevention, and extends beyond simply reacting to complaints. Employers will need to prove that they’ve taken active steps to reduce the likelihood of harassment and promote a safer, more respectful work culture.
What is Sexual Harassment in the Workplace?
Sexual harassment involves any unwanted behaviour of a sexual nature that violates an individual’s dignity or creates an intimidating, hostile, or offensive environment. This can include:
- Verbal harassment: Inappropriate comments, jokes, or propositions.
- Non-verbal harassment: Staring, suggestive gestures, or sharing explicit content.
- Physical harassment: Unwanted physical contact, such as touching or groping.
Employers must ensure that all staff understand what constitutes sexual harassment and feel confident that any incidents will be dealt with swiftly and seriously.
Conducting Harassment Risk Assessments
To comply with the Worker Protection Act 2023, employers must conduct a comprehensive harassment risk assessment. This process helps identify potential risk areas and informs the proactive measures required to mitigate them. Here’s how to get started:
- Assess the workplace environment: Consider whether certain factors like power imbalances or isolated working spaces might increase the risk of harassment.
- Gather employee feedback: Use anonymous surveys or focus groups to get insights into employees’ experiences and their perception of harassment risks.
- Review past incidents: Look at historical data on any previous harassment incidents to identify patterns or areas where more attention is needed.
- Consider industry-specific factors: Think about whether specific aspects of your sector, like frequent client interactions or travel, could elevate the risk of harassment.
Once these risks have been identified, employers should create an action plan to mitigate these risks.
Using Data to Spot Issues Early
Data can be a powerful tool in identifying potential harassment problems before they escalate. By analysing trends in harassment complaints, employee surveys, & even exit interviews, employers can spot patterns early and address them before they become major issues.
Proactive use of data involves:
- Trend analysis: Regularly review data to track the frequency and types of incidents over time.
- Sentiment analysis: Gauge how employees feel about workplace culture and safety through surveys.
- Reporting mechanisms: Ensure that employees know how to report harassment and feel confident that their concerns will be taken seriously.
Effective data tracking can help employers stay on top of emerging issues, rather than being blindsided by complaints down the line.
The Meaning of ‘Proactive Duty’ and ‘Reasonable Steps’
The Worker Protection Act mandates that employers take “reasonable steps” to prevent harassment. What’s considered “reasonable” will vary depending on the size and resources of your organisation, but here are some common examples:
- Tailored training programmes: Provide regular training to staff that is relevant to their roles and helps them identify and prevent harassment.
- Clear policies: Ensure your organisation has a clear, accessible policy that outlines zero tolerance for harassment.
- Regular reviews: Revisit your policies and procedures regularly to ensure they are working and adapt them if necessary.
Documenting these actions is crucial. Employers who fail to demonstrate that they have taken reasonable steps may face legal consequences, including penalties.
Developing Anti-Harassment Policies and Procedures
A clear, well-communicated anti-harassment policy is is central to meet the new obligations. This policy should cover:
- What constitutes sexual harassment: Provide a clear definition that aligns with legal standards.
- How to report incidents: Offer a straightforward, confidential, & safe way for employees to report harassment.
- Investigation procedures: Detail how complaints will be investigated, ensuring fairness and transparency.
- Consequences: Outline the disciplinary actions that will be taken if someone is found guilty of harassment, up to and including dismissal.
- Ongoing training: Make sure all employees undergo regular mandatory training on harassment prevention and respect in the workplace.
Having a robust policy is only half the battle – you also need to make sure it is enforced consistently and that all employees are aware of it.
The Worker Protection Act 2023 signals a significant shift in how employers must approach sexual harassment in the workplace. With a focus on prevention, employers are now required to take proactive steps to stop harassment before it occurs. By conducting risk assessments, analysing data, developing clear policies, & providing appropriate training, employers can create safer, more inclusive work environments while ensuring legal compliance.
Employers are advised to start implementing these measures immediately to meet the October 2024 deadline and foster a workplace culture based on respect and dignity.
How Diversio Can Support Your Compliance Efforts
Diversio offers a powerful suite of tools and services that are uniquely positioned to help employers comply with the Worker Protection Act 2023, ensuring a proactive approach to preventing sexual harassment in the workplace. Key features include:
- Data collection and analysis:
- Conduct anonymous surveys to assess workplace culture and identify harassment risks.
- Use data analytics to monitor trends and flag potential issues before they escalate.
- Track and document harassment incidents to ensure a timely response and compliance.
- Comprehensive training:
- Access to 95+ training modules, including best-in-class anti-harassment training.
- Offer additional relevant topics such as Bystander Intervention and Allyship.
- Tailored training to fit the unique needs of your workforce and industry.
- Anonymous reporting:
- Enable employees to report harassment confidentially, while ensuring your organisation can track and respond to reports promptly.
With Diversio’s data-driven approach, you can ensure your company meets the requirements of the Worker Protection Act 2023 while fostering a more inclusive, respectful workplace culture.
By staying proactive and prepared, employers can make meaningful strides towards a safer and more supportive work environment for everyone.
Download the full PDF resource to understand the new legal requirements under the Worker Protection Act 2023 and ensure compliance in your workplace.
