From October 26, 2024, UK employers face new legal responsibilities under the Worker Protection (Amendment of Equality Act 2010) Act 2023. This landmark legislation introduces crucial changes to workplace harassment prevention.
Key Changes
- Employers must now take “reasonable steps” to prevent workplace sexual harassment
- Employment tribunals can increase compensation by up to 25% for prevention failures
- The duty covers both physical and verbal harassment occurring during employment
New Legal Duty: Preventing Workplace Sexual Harassment
The Worker Protection Act 2023 requires employers to be proactive, not reactive, in preventing sexual harassment. This means:
- Employers must act before incidents occur
- Organisations should identify potential risks in advance
- Prevention measures must be put in place as standard practice
Don’t wait for complaints to implement safeguards – the law requires preventive action now. This forward-thinking approach helps create safer workplaces and protects both employees and employers.
What Constitutes Sexual Harassment?
Sexual harassment encompasses various behaviors, including:
- Inappropriate comments or jokes
- Display of sexually explicit materials
- Unwanted physical contact
- Intrusive personal questions
- Suggestive behaviour or advances
- Sending explicit messages
Third-Party Sexual Harassment: What Employers Should Know
While the 2023 Worker Protection Act doesn’t explicitly address harassment by third parties (customers, clients, etc.), best practice suggests employers should:
- Include third-party risk in prevention strategies
- Follow EHRC technical guidance on protecting workers from all forms of harassment
- Take proactive steps to prevent harassment from external parties
Given potential future legislation and EHRC guidelines, organisations should assess and mitigate risks of third-party harassment as part of their overall prevention strategy.
This forward-thinking approach helps protect both employees and employers, particularly in customer-facing environments.
Penalties for Non-Compliance with Sexual Harassment Prevention Duty
While there’s no standalone claim under the 2023 Worker Protection Act, employers face two key consequences for failing their prevention duty:
Financial Impact:
- Employment Tribunals can increase harassment compensation awards by up to 25%
EHRC Enforcement Powers:
- Conduct employer investigations
- Issue unlawful act notices
- Create legally binding prevention agreements
- Seek tribunal injunctions to stop unlawful behaviour
This dual approach of financial penalties and regulatory oversight helps ensure employer compliance with prevention duties.
Implementing Reasonable Steps
The requirements vary based on:
- Organisation size
- Available resources
- Work environment
- Specific workplace risks
- Employee exposure to third parties
8 Essential Prevention Steps
- Create comprehensive anti-harassment policies
- Actively engage with employees
- Conduct workplace risk assessments
- Implement clear reporting systems
- Provide staff training
- Respond promptly to complaints
- Address third-party harassment risks
- Monitor and evaluate prevention measures
Action Items for Employers
To ensure compliance, organisations should:
- Review and update existing policies
- Establish robust complaint procedures
- Train staff on new requirements
- Document prevention efforts
- Regular policy reviews and updates
Remember: This new duty requires ongoing monitoring and adaptation to remain effective and compliant.
Need guidance on workplace harassment prevention? Contact Salusphere Global.
[Note: This post provides general information only. Please seek professional legal advice for specific situations.]
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