How the Worker Protection Act 2023 will change workplace Safety

What is Worker Protection Act 2023?

Starting in October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 will impose new obligations on employers to protect employees from sexual harassment at work. Under this new law, employers must take reasonable steps to prevent unwanted conduct of a sexual nature that can violate a person’s dignity or create a hostile work environment. The changes represent a significant shift towards preventing harassment, rather than addressing it only after it occurs.

What the act means for employers and employees

One of the key provisions is that employers must take a proactive approach to protect their staff from harassment, including third-party harassment. That means even if the harassment comes from clients, customers, or other non-employees, the employer can still be held liable. The Act also grants employment tribunals the power to increase compensation by up to 25% if an employer is found to have breached its duty to prevent harassment.

For employees, this means stronger safeguards against harassment in the workplace. If you’ve faced sexual harassment, this law now allows for increased compensation when an employer fails to prevent such behaviour. The goal is to foster a safer work environment, where complaints are taken seriously, and employers actively work to prevent issues before they arise.

Practical steps employers need to take for Worker Protection Act

To comply with the new Act, employers must take reasonable steps to protect employees. Although the Act doesn’t specify the exact “reasonable steps” employers must take, it is crucial that businesses start implementing measures such as:

1. Risk Assessments: Employers should conduct thorough assessments of potential harassment risks in the workplace. This includes looking beyond formal complaints to trends in workforce data, such as employee turnover and feedback from staff surveys.
2. Cultural Audits: Beyond policies, a company’s culture is vital in addressing workplace harassment. Conducting independent assessments of workplace values versus actual behaviours can highlight any gaps that need to be addressed.
3. Regular Training: Provide tailored training for employees at all levels, including specific sessions for managers on how to handle complaints empathetically and efficiently. This training should align with common risk areas like social events, where harassment is more likely to occur.
4. Reviewing Whistleblowing Policies: A robust whistleblowing policy is crucial for ensuring that employees feel safe reporting harassment or wrongdoing. Employers should regularly review and update their whistleblowing policies to ensure they are accessible, clear, and effective at protecting employees from retaliation.

Preparing for workplace social events

Under the new Worker Protection Act, workplace social events will now be treated as an extension of the office. That means employers need to ensure that events like holiday parties or client dinners are also covered under anti-harassment policies. Training on how to recognise and prevent harassment should be adjusted to cover these settings, which have traditionally seen higher rates of misconduct.

The importance of anonymous reporting channels

Research shows that many employees hesitate to report harassment due to fears of retaliation or not being believed. For instance, a 2018 report by the UK Equality and Human Rights Commission revealed that four in five women did not report sexual harassment to their employers, citing concerns over workplace repercussions. Similarly, a Trades Union Congress study found that 79% of women experiencing harassment chose not to speak up​.

Given this widespread fear, anonymous reporting systems play a crucial role in encouraging employees to share their concerns safely. By offering a confidential and secure platform, organisations can address problems early and create a culture where employees feel protected.

SpeakUp anonymous reporting system offers a reliable solution for organisations looking to comply with the Act and create a safe space for employees to report wrongdoing. By enabling staff to file complaints anonymously, organisations can identify problems early and take action before they escalate.

How to meet Worker Protection Act requirements?

With the October 2024 deadline fast approaching, now is the time to ensure your organisation meets the requirements of the Worker Protection Act. SpeakUp provides an effective anonymous reporting solution, allowing employees to report sexual harassment at work without fear. By integrating SpeakUp, you’re not only fulfilling your legal obligations but setting your organisation up for a positive workplace culture that prioritises a speak up culture.