So what is this all about?
The new Worker Protection Act (Amendment of the Quality Act 2010), which comes into effect in October 2024, creates a duty on employers to take reasonable steps to prevent sexual harassment of their employees in the workplace.
Under the Equality Act, an employer could defend a harassment claim if they could show that they had taken all reasonable steps to prevent it from happening, but employers were not legally required to take those steps. The new law increases the responsibility on organisations to take proactive measures to prevent sexual harassment.
There is no definition of ‘reasonable steps’ included in the Worker Protection Act, but they will be interpreted as actions that are practical, proportionate and tailored to the circumstances of the workplace. That includes training for all employees, channels to report incidents of sexual harassment (without fear of reprisal) and effective anti-harassment enforcement policies. All procedures should be readily available to all employees (harassment is not limited to a gender or age).
The new responsibility only applies to harassment of a sexual nature. It does not apply to other harassment (based on race, age, sexual orientation, gender or religious belief).
The new Act also increases compensation by up to 25 per cent. It does not give employees a free-standing right to bring a claim. However, where an employee succeeds in a claim for sexual harassment, the tribunal will consider whether the new obligation has been satisfied.
Crucially, although the Worker Protection Act is triggered if there has been a sexual harassment claim, the uplift will apply to all of the compensation that has been awarded for any type of harassment. Therefore, where you have multiple claims for harassment (including a sexual harassment claim) the amount that can be awarded in compensation could be significant.
So, what can you do? How can I help you?
All businesses should review their policies and procedures now to ensure they comply with the new law.
Reasonable steps may look different in every sector and in every type of business. However, to ensure compliance all employers should consider the following immediately:
- Regularly review and update anti-harassment policies and procedures to reflect current legal standards and societal expectations.
- Invest in ongoing training programmes to educate employees about acceptable workplace behaviour and the consequences of harassment.
- Foster a workplace culture that values diversity, inclusion and respect, making it clear that harassment will not be tolerated.
- Establish effective mechanisms for addressing and investigating complaints promptly and impartially.
- Seek legal advice to ensure that policies and procedures align with the specific requirements of the new Act.
This marks a crucial step forward in the UK’s commitment to creating workplaces free from sexual harassment. Employers play a pivotal role in ensuring compliance and fostering a culture that promotes respect, dignity and equality for all employees. By understanding the new requirements, defining reasonable steps, facilitating straightforward claim procedures and implementing proactive measures, employers can contribute to a safer and more inclusive working environment.
If you need any advice on this or any other HR matter, please do get in touch.
