The Worker Protection (Amendment of Equality Act 2010) Act 2023 (WPA 2023) came into force on 26 October 2024 in the United Kingdom. This legislation imposes a new duty on employers to take reasonable steps to prevent sexual harassment of their employees became mandatory .
This marks a significant shift from previous regulations, where employers were only held accountable after an incident had occurred.
Under the new law, employers are required to proactively implement measures to prevent harassment before it takes place. Additionally, the WPA 2023 includes provisions to protect individuals from victimisation, emphasising a preventive rather than reactive approach to workplace harassment.
Key compliance measures under the WPA:
According to Section 40A(1), “An employer (A) must take reasonable steps to prevent sexual harassment of employees of A in the course of their employment” This creates a duty for employers to proactively mitigate the risk of sexual harassment. While the legislation does not define “reasonable steps,” the Equality and Human Rights Commission (EHRC) has outlined steps to prevent harassment in the workplace.
Here are some key actions that organisations in the UK need to follow to ensure compliance:
- Review current policies and draft new effective policies:
Employers should assess their existing policies and create new ones that align with the new legal requirements. They need to develop an effective policy that aligns with the new legal mandates of the WPA 2023.
Relooking at existing policies includes drafting specific anti-harassment policies that clearly defines who is protected, what constitutes sexual harassment, and the disciplinary actions for violations.
Including real-life examples will help employees better understand the policy. The EHRC recommends that employers engage with unions and employee representatives when developing sexual harassment policies and considering other steps to respond to identified risks.
- Carrying out risk assessment
The WPA 2023 guidance is clear that, if an employer fails to carry out a risk assessment, it will be difficult for them to show compliance with the duty. It is therefore crucial that employers do comply with this step and not skip directly to figuring out solutions to mitigate the risk of sexual harassment.
Risks may vary by location, project, or department, so tailored assessments are essential. Reviewing past complaints and conducting exit interviews can help identify potential issues and power imbalances within the organisation. Identifying these structural and work culture issues are vital to the prevention of potential sexual harassment.
- Reporting
The legislation does not explicitly direct an organisation to introduce a reporting system. Nonetheless, organisations should create clear and accessible channels for employees to voice harassment concerns.
These can include secure online portals, internal hotlines, or setting up committees to redress cases of sexual harassment in the workplace.
Reported cases of harassment should be taken seriously and investigated immediately following necessary legal and compliance procedures. The organisation must ensure that the complainant is protected from further victimisation during an investigation.
All investigation should be conducted with utmost confidentiality and the findings of investigations must be conveyed to the relevant parties without delay. The investigating committee must decide the necessary disciplinary based on the outcome of the investigation. If the complaint is a criminal offence, then employers should speak to the complainant about reporting it to the police and support them throughout the process.
It is also recommended for organisations to keep a record of all concerns raised as it will help in identifying and addressing behaviours that impact workplace culture.
- Training
All employees, including management, should receive training on recognising and addressing sexual harassment. This training should cover what constitutes harassment, how to report it, and how to handle complaints.
Keeping records of training sessions and displaying posters in common areas can reinforce the organisation’s zero-tolerance policy. Tailoring training content to the specific workplace can enhance its effectiveness.
- Engaging staff
Regular one-on-one meetings or small group discussions can help employers understand workplace culture and address issues effectively. It is crucial that employees are aware of the anti-harassment policy, reporting procedures, and potential consequences for policy violations.
Conducting anonymous surveys can encourage employees to share their experiences and suggest improvements. This helps an employer in understanding the organisation better and taking more proactive steps to mitigate the risks.
- Harassment by third parties
The WPA 2023 requires employers to take reasonable steps to prevent harassment by third parties, such as customers and suppliers. While individuals cannot file claims for third-party harassment alone, proactive measures are essential.
The Employment Rights Bill 2024 also proposes to reintroduce the right to bring a claim where an employee is harassed by third party individuals.This highlights the need for robust protective measures across the board, including, implementing reporting mechanisms and assessing high-risk work environments are essential steps in safeguarding employees from such incidents.
Enforcement Bodies and their Powers
The Worker Protection (Amendment of the Equality Act 2010) Act 2023 represents a crucial advancement in safeguarding employees from sexual harassment in the UK. Enforcement of WPA 2023, is entrusted with two entities: The EHRC, and employment tribunals.
With the introduction of preventive duty, the EHRC can use its enforcement powers, even if no incident of sexual harassment has occurred. If there is evidence to suggest failure on part of the employer in taking reasonable measures to prevent sexual harassment, then the EHRC can enter into legally binding agreements directly with the organisation to ensure necessary compliance.
If an organisation fails to cooperate, then the EHRC also has the power to issue an unlawful act notice directing the employer to develop an action plan and remedy any breaches. If an organisation fails to adhere to the agreed action plan, the EHRC can also pursue an injunction order to enforce compliance, if the organisation fails to adhere to the agreed action plan. Failing that order without a valid excuse could lead to ‘level 5’ fine, which has no maximum limit.
Unlike EHRC, employment tribunals can only hear cases when the claim is brought by an individual against an employer. If the tribunal finds that the employer had not complied with reasonable measures to prevent sexual harassment, then any compensation awarded to the victim for the sexual harassment claim could be increased by up to 25%.
These measures should be actively maintained, up-to-date, and effectively communicated to all employees in order for employers to remain compliant with the provisions of the Act. This legislation aims to foster safer, more accountable workplaces. By prioritising prevention, the WPA 2023 seeks to create a culture of respect and safety for all workers.
How can Serein help?
With over 9 years of expertise in anti-harassment and inclusion a priority for organisations worldwide, Serein is the perfect partner for your compliance journey. Over the years we have developed a host of research-backed, industry and jurisdiction-specific services designed to help you attain full compliance with legal provisions such as the Workers Protection Act 2023. Build a workplace characterised by respect and belonging by contacting us today.