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Worker Protection & Equality Act

The Government has recently passed new legislation to prevent sexual harassment in the workplace. The Worker Protection Act 2023 (Amendment of Equality Act 2010) come into force on 26 October 2024. Here we explore the steps that should be taken in order to prepare your organisation for the change.

Statistics surrounding harassment in the workplace

Sexual harassment contributes to unhealthy and toxic workplace environments, as well as a quick turn around of staff. Studies suggest that sexual harassment and bullying is a growing issue that significantly impacts peoples careers and organisations reputation. Forty seven percent of people who observed bullying in the workplace have not felt confident to act upon it, while 1 in 10 have experienced being bullied, and nearly 20% of workers say they work in a hostile or threatening environment. According to a 2023 Trade Union Congress poll 3 in 5 women have experienced harassment in the workplace, rising to 2 in 3 in those aged 25-35. Most cases are not isolated incidents with more than 57% of women stating they’ve experienced 3 or more incidents of bulling and/or harassment in the workplace. Furthermore:

  • 43% of women have experienced at least 3 incidents of sexual harassment. Of which, 45% say it has had a detrimental impact on their mental health
  • 25% state they avoided work related situations to avoid the perpetrator, such as:  meetings, locations, certain shifts and courses 

The Equality and Human Rights Commission states that: “no workplace is immune and a lack of reported cases does not mean it has not occurred”

Not only can this behaviour build a negative reputation but can lead to fast paced staff turn around. Thirty six percent of people said this behaviour caused them to leave their role, and 46% stated it adversely affected their performance at work.

The previous position

Under the Equality Act 2010, an individual is harassed when they are subjected to unwanted conduct which is either related to a relevant protected characteristic (disability, pregnancy or maternity, age etc.) or is of a sexual nature where the behaviour has the purpose or effect of violating the individuals’ dignity and/or creating an environment that is intimidating, hostile, degrading, humiliating or offensive. 
 

What does the Worker Protection Act 2024 mean?

Following a consultation on sexual harassment in the workplace in July 2021, the Government passed the Worker Protection Act 2023 (Amendment of Equality Act 2010) to introduce a new legislative duty on all employers to take reasonable steps to prevent sexual harassment of their employees in the workplace. The legislation was introduced on the basis that employers would be under a duty to take “all reasonable steps” to prevent sexual harassment in the workplace.
 
The Act allows the Employment Tribunal to increase compensation for any awards for sexual harassment by up to 25% if the employer is found to have breached the new duty to prevent that harassment.
 

What steps could you take?

The Act means that employers will need to take proactive ownership in taking steps to prevent discriminatory behaviour in the workplace. Ways in which this could be done are as follows:

  • Review, update, or where necessary, create policies which deal with harassment and sexual harassment in the workplace
  • Delivering mandatory training for all staff regarding expectations surrounding standards of behaviour, what sexual harassment is and processes for raising and dealing with a sexual harassment report
  • Improve awareness of the new duty for all staff, especially those in senior positions (we know this sets the tone for environment)
  • Adopting a zero-tolerance approach in relation to sexual harassment and tackling sexist behaviour in the workplace
  • Ensuring that methods of raising sexual harassment reports are clear, supportive and readily accessible to all employees
  • Ensuring that all sexual harassment reports are properly investigated and resolved
  • Appointing and training workplace champions to act as key contacts for those wishing to raise issues of harassment in the workplace

Creating an environment that empowers people to come forward to report inappropriate and unacceptable behaviours will foster a positive and safe workplace. This will allow your staff to thrive and your business excel. By undertaking our training and/or consultancy you are showing that investment of your staff is core to your values.