{"id":12967,"date":"2024-11-07T10:01:14","date_gmt":"2024-11-07T10:01:14","guid":{"rendered":"https:\/\/www.qualitycompanyformations.co.uk\/blog\/?p=12967"},"modified":"2024-12-17T17:10:53","modified_gmt":"2024-12-17T17:10:53","slug":"the-worker-protection-act-brief-guide-for-employers","status":"publish","type":"post","link":"https:\/\/www.qualitycompanyformations.co.uk\/blog\/the-worker-protection-act-brief-guide-for-employers\/","title":{"rendered":"The Worker Protection Act: a brief guide for employers"},"content":{"rendered":"

The Worker Protection (Amendment of Equality Act 2010) Act 2023 came into effect on 26 October 2024. Under this change in legislation, all UK employers now have a legal duty to prevent sexual harassment of their workers and create a safe working environment.<\/p>\n

This post provides a brief overview of the Worker Protection Act and the preventative measures you, as an employer, must consider.<\/p>\n

Employers\u2019 duty to prevent sexual harassment\u00a0<\/span><\/h3>\n

Following the implementation of the Worker Protection (Amendment of Equality Act 2010) Act 2023<\/a> (the \u2018Worker Protection Act\u2019), employers must take \u201creasonable steps\u201d to prevent sexual harassment of their employees, including by third parties such as clients and customers.\u00a0<\/span><\/p>\n

This preventative duty requires employers to proactively assess risk, identify any appropriate action, and carry out regular reviews of their processes. They must not wait until sexual harassment happens. If it has already happened, the employer must take action to prevent it from happening again.<\/p>\n

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    Prior to this change in the law, employers were not legally obligated to take proactive measures to prevent sexual harassment of workers in the course of their employment.\u00a0<\/span><\/p>\n

    Commenting on the changes to legislation, Baroness Kishwer Falkner, Chairwoman of the Equality and Human Rights Commission, said:<\/p>\n

    “Sexual harassment continues to be widespread and often under-reported. Everyone has a right to feel safe and supported at work.<\/p>\n

    The new preventative duty \u2026 aims to improve workplace cultures by requiring employers to proactively protect their workers from sexual harassment.<\/p>\n

    Employers will need to take reasonable steps to safeguard their workers. We have updated our guidance to ensure they understand their obligations and the kinds of steps they can take.<\/p>\n

    We will be monitoring compliance with the new duty and will not hesitate to take enforcement action where necessary.\u201d<\/p><\/blockquote>\n

    What are \u201creasonable steps\u201d to prevent sexual harassment?<\/h4>\n

    The Worker Protection Act doesn\u2019t specify what reasonable steps an employer should take. However, the updated technical guidance from the Equality and Human Rights Commission (EHRC) recommends implementing the following 8 practical actions<\/a> to prevent and deal with sexual harassment in the workplace:<\/p>\n

      \n
    1. Develop and widely communicate a robust anti-harassment policy, which includes third-party sexual harassment.<\/li>\n
    2. Be proactively aware of what\u2019s happening in the workplace and any warning signs, by engaging with staff through one-to-ones, surveys, and exit interviews.<\/li>\n
    3. Undertake regular risk assessments in the workplace to identify where sexual harassment may occur and the steps that will be taken to prevent it.<\/li>\n
    4. Consider using a reporting system (e.g. an online or independent phone-based service) that allows workers to raise issues either anonymously or in name.<\/li>\n
    5. Ensure all workers (including managers and senior staff) receive training on what sexual harassment in the workplace looks like, what to do if they experience or witness it, and how to handle complaints of harassment. Doing so will help employers create the right culture.<\/li>\n
    6. Act immediately to resolve any sexual harassment complaints.<\/li>\n
    7. Treat harassment by third parties just as seriously as harassment by colleagues, ensuring risk assessments and reporting mechanisms are in place.<\/li>\n
    8. Monitor and evaluate the effectiveness of the steps taken and actions implemented.\u00a0<\/span><\/li>\n<\/ol>\n

      The EHRC\u2019s guidance also states that reasonable steps will vary from employer to employer, depending on variables such as:<\/p>\n