In October 2024, the UK will see a significant shift in how employers are required to handle harassment in the workplace with the introduction of the Worker Protection Act 2023. This new legislation puts a legal obligation on businesses to proactively prevent harassment, with a particular emphasis on sexual harassment. Instead of responding only after a complaint is made, employers will now be expected to take active steps to stop inappropriate behaviour before it happens.
Given the alarming statistics—nearly half of women and one in five men in the UK report experiencing harassment at work—the Act addresses a crucial gap in workplace safety. In this article, we’ll explore what the law entails, the specific steps employers must take to comply, and how leveraging people and culture analytics can help businesses stay ahead of potential risks, ensuring a safe and inclusive environment for all employees.
Key takeaways
- The Worker Protection Act 2023 introduces a legal duty for UK employers to prevent sexual harassment in the workplace, moving from a reactive to a proactive approach.
- Employers must take “reasonable steps” to mitigate risks of harassment, which include workplace assessments, clear policies, and regular employee training.
- Identifying harassment risks involves analysing work culture, reviewing past incidents, and understanding structural issues such as power imbalances and isolated workspaces.
- People and culture analytics, like those provided by Diversio, offer real-time insights that help track employee sentiment and harassment risks, ensuring compliance and safer work environments.
- Employers should establish robust reporting mechanisms and document all compliance activities to meet the October 2024 deadline for the Worker Protection Act.
- Diversio’s platform provides analytics, expert consulting, and tailored training to support UK companies in meeting their new legal obligations.
The Worker Protection Act 2023: what’s new?
The Worker Protection Act takes effect on 26 October 2024 and amends the Equality Act 2010. The new legislation introduces a significant new responsibility for employers across the UK: the legal duty to prevent workplace harassment, particularly sexual harassment, before it occurs. This proactive duty shifts the onus onto businesses to create safer, more respectful environments for employees by actively addressing harassment risks.
Statistics mentioned above highlight that traditional, complaint-based systems have proven inadequate in tackling the widespread issue of harassment. The Act aims to reduce these alarming numbers by placing a proactive duty on employers.
What qualifies as harassment?
Harassment includes verbal, non-verbal, and physical behaviour. This could range from inappropriate jokes or comments to unwanted physical contact. Non-verbal actions, such as sending explicit images or staring, also fall under this definition. Employers must ensure these behaviours are clearly defined in their policies so that employees understand what constitutes a violation.
Employer obligations: proactive duty
The Worker Protection Act introduces a revolutionary proactive obligation. Prior to this law, employers were primarily reactive, meaning they would only address harassment after a complaint was made. Under the new rules, employers must take reasonable steps to prevent harassment before it happens. These reasonable steps can vary depending on the size and nature of the business but typically include the following actions:
- Conducting thorough risk assessments: Employers must assess where harassment risks might exist, whether that’s due to certain workplace dynamics, such as power imbalances, or specific employee roles, such as those involving frequent interactions with external parties.
- Implementing clear anti-harassment policies: Written policies that define unacceptable behaviours and outline how complaints will be handled.
- Providing regular training: Ensuring all employees understand what constitutes harassment and how to report it.
Identifying & mitigating harassment risks
To comply with the Worker Protection Act, businesses need to start by assessing their work environments. Risk assessments should focus on understanding where harassment is most likely to occur and how workplace dynamics may contribute to it.
Workplace culture
Evaluate how respectful communication is within the workplace. Do employees feel empowered to speak up, or is inappropriate behaviour tolerated or dismissed as “banter”? Cultures that normalise disrespectful behaviour are more likely to create environments where harassment can occur. For example, if inappropriate jokes or comments are regularly ignored, it could signal that the company is not addressing deeper issues.
Employee feedback
Anonymous surveys are a great way to get honest feedback from employees about their work environment. They let people share concerns they might not feel safe raising face-to-face. Employers can then see exactly where employees feel uncomfortable or unsupported and take steps to make those areas feel safer and more inclusive.
Historical incidents
Reviewing any previous complaints or incidents of harassment can provide valuable insights into patterns within the organisation. Were certain roles or teams more frequently involved in harassment cases? Did complaints cluster in specific departments? Understanding the history of harassment in the workplace helps businesses pinpoint recurring issues and implement stronger prevention measures in those areas.
Key risk areas
Once a business has gathered insights from its risk assessment, it can then focus on specific risk areas where harassment is more likely to occur. Certain roles and environments inherently expose employees to greater risks, and these areas need focused attention to ensure adequate protection measures are in place.
- Isolated workspaces: Employees who work alone, either remotely or in physical spaces separated from the rest of the team, are at a higher risk of harassment. The absence of direct supervision or colleague support makes it easier for inappropriate behaviour to go unnoticed. For example, remote workers may face harassment during online interactions, but without being in a shared office, they may hesitate to report it.
- Power imbalances: Positions of authority—whether managerial, senior roles, or even relationships with clients—can create situations where individuals feel less empowered to report harassment. Power imbalances make it difficult for those in subordinate positions to speak up, as they may fear retaliation or negative consequences. Monitoring these dynamics is critical for preventing misuse of power and ensuring that employees feel safe reporting any concerns.
- High-risk roles: Some jobs naturally involve greater exposure to external risks, especially those that require frequent interaction with customers or clients. Sales teams, consultants, or hospitality workers often find themselves in environments outside the company’s direct control, such as client meetings or public events. In these cases, harassment from third parties becomes a significant concern, and employers must provide clear policies and support mechanisms for addressing these external threats.
Practical steps to meet the deadline and stay compliant moving forward
UK employers must take immediate, practical steps to comply with the Worker Protection Act. Shifting focus to active prevention can help businesses create safer, harassment-free workplaces. The following steps will help guide you through the compliance process and ensure your organisation is ready in time.
- A comprehensive risk assessment by analysing workplace dynamics, power structures, and any past incidents of harassment to identify areas of vulnerability.
- Update anti-harassment policies to clearly define unacceptable behaviour and provide straightforward reporting procedures accessible to all employees.
- Provide mandatory, role-specific training so that all employees understand the types of behaviour that qualify as harassment and the steps they should take if they witness or experience it.
- Set up an anonymous reporting system to encourage employees to report harassment without fear of retaliation.
- Use regular anonymous surveys and feedback tools to identify areas where workers feel unsafe or unsupported.
- Keep detailed records of all compliance actions, including risk assessments, training sessions, policy updates, and any reported incidents, to demonstrate compliance with the Worker Protection Act.
- Review and update your anti-harassment policies and training programmes annually to ensure they remain effective and aligned with legal standards.
How Diversio can help companies in the UK
As UK businesses work to meet the requirements of the Worker Protection Act 2023, Diversio’s People and Culture Analytics Platform offers tailored support to help companies stay compliant and build safer, more inclusive workplaces. Here’s how Diversio can assist:
- Comprehensive risk assessments: Diversio’s platform gathers anonymous employee feedback and tracks key workplace sentiment data, helping businesses identify potential risks before they escalate into incidents.
- Real-time analytics: Using people analytics, employers can continuously monitor employee culture, identify trends, and take action where necessary to mitigate harassment risks.
- Tailored training programmes: Diversio provides expert-led training modules, including bystander intervention and leadership-focused content, to ensure all employees are equipped to recognise and respond to harassment.
- Anonymous reporting tools: Diversio’s platform enables safe, confidential reporting of incidents, giving employees the confidence to speak up without fear of retaliation.
- Consulting: Diversio offers expert consulting to guide businesses through their compliance journey, ensuring they not only meet the legal requirements but also create a work environment where everyone feels safe and respected.
Register for our UK webinar
To learn more about how Diversio can help you comply with the Worker Protection Act, join our upcoming UK Webinar on November 21st. In this live conversation, Laura McGee, founder and CEO of Diversio, and Daniel Fellows, GM of Diversio UK, will discuss practical strategies for staying compliant while building a positive workplace culture.
