Your new duties: A MUST-READ GUIDE FOR EMPLOYERS

Over the last few weeks we have been Preparing for the Worker Protection Act 2023, which will impact workplace regulations and creates new specific on employers in the UK. This new law emphasises the importance of active steps to prevent and address sexual harassment in the workplace.

The Worker Protection (Update of Equality Act 2010) Act 2023 will take effect from 26th October 2024.

Key Changes for Employers

The new Act places a legal requirement for employers to undertake significant actions to prevent sexual harassment. Stricter penalties will be in place for non-compliance, and the Equality and Human Rights Commission (EHRC) will be responsible for monitoring adherence to these regulations. Here is a summary of the key changes:

1. Prevention Duty

Employers are now required to implement effective measures to prevent sexual harassment, not only among employees but also from external parties such as customers, clients, and suppliers. This means establishing a safe workplace to minimise legal risks by having clear practices that foster and uphold respect towards all employees.

2. Increased Compensation

If a court decides that an employee has experienced sexual harassment, employers may face substantial penalties, including a possible 25% increase in compensation for not taking necessary preventive measures. Addressing this issue proactively is not just advisable but vital.

3. EHRC Oversight

The EHRC will have the authority to take action against organisations that do not demonstrate a dedicated approach to preventing harassment. This highlights the need for heightened attention to compliance.

Preparing for These Changes

It is important for employers to review and strengthen their policies and practices. Here are some steps to consider:

- Create a Zero-Tolerance Culture

We advise that you ensure that everyone in your organisation is familiar with a clear zero-tolerance policy regarding sexual harassment. To foster a safe environment, it is critical that employees can report issues without fear of reprisal. Our clients will be provided with specific guidance on how to ensure this.

- Offer Regular Training

It is essential that you provide your team with education on what constitutes sexual harassment and how to prevent it. An informed workforce can significantly reduce the likelihood of misconduct, which should reduce the chance of claims and demonstrate that you are taking active steps to protect employees. We have online training available that you can adopt or adapt to meet your needs.

- Review and Update Policies

We now recommend that all employers have in place a sexual harassment policy. At the least, take the time to review your current harassment and discrimination policies to ensure they are up to date, clearly communicated and fairly enforced. In particular, you should consider including guidelines that address interactions with external parties.

- Assess Risks

A risk assessment should be carried out which can be used to inform the possible areas where you need to take additional steps. For example, this might include an assessment of how employees engage with customers and suppliers, to identify any potential risks and put in place steps to manage these interactions.

- Apply Policies Fairly

For your policies to be effective, they must be consistently applied. This means ensuring that your managers of different teams uphold the same principles and follow steps in a similar manner. We can be on hand to ensure that you deal with any breaches appropriately, for example by following relevant disciplinary and grievance procedures to reinforce your commitment to a harassment-free environment.

We Are Here to Help

We're here to support you in understanding these changes and to provide the resources you may need to adapt. For clients, we will be in touch to share valuable advice and information to assist you in coming days. Our aim is not only to help you meet the standards to minimise risk of costly claims, but also to nurture a workplace where all employees feel valued and secure.

If you have any questions or require immediate assistance, please do not hesitate to contact me or another member of the team. We are here to support you through this important transition and prepare your organisation.