The Worker Protection Act 2003: What are Your Responsibilities
The Worker Protection (Amendment of Equality Act 2010) Act 2023 represents a significant shift in the UK’s approach to tackling workplace sexual harassment. While sexual harassment has long been prohibited under the Equality Act 2010, this new legislation moves from a reactive to a proactive stance, placing a formal legal duty on employers to prevent harassment, rather than just responding to it after the fact.
Key Changes
Previously, employers could defend against sexual harassment claims by demonstrating that they took "all reasonable steps" to prevent harassment, which was already a challenging standard to meet. However, under the new amendment, employers now have a duty to take reasonable steps to prevent sexual harassment before it occurs. This duty goes beyond having policies and requires active, ongoing efforts to reduce the risk of sexual harassment in the workplace.
This new duty is proactive, meaning that employers are expected to take steps to mitigate risks of sexual harassment even if no incidents have been reported. Although an alleged breach of this duty cannot be the sole basis for a claim, a Tribunal will consider it when assessing a sexual harassment claim. If the Tribunal finds that an employer failed to meet the duty, it can impose a financial uplift of up to 25% on any compensation awarded. Given that there is no cap on compensation for harassment claims, this uplift could be substantial.
Additionally, the Equality and Human Rights Commission (EHRC) has been granted the power to investigate compliance, impose fines, and require remedial action from employers who are found lacking.
Practical Steps for Employers
The new duty means that simply having an anti-harassment policy is no longer enough. Employers need to take specific, proactive measures, some measures may include:
1. Identify areas of risk
Employers should assess where and how risks of sexual harassment might arise in their workplace. This includes considering factors like workplace layout, employee interactions, remote working environments, and the presence of third parties (such as clients or contractors).
2. Implementing Preventive Measures
Based on the risk assessment, employers should establish measures to mitigate identified risks. This may involve setting clear expectations about acceptable behaviour, increasing visibility in certain areas of the workplace, or adjusting policies to address specific risks.
3. Provide Training for all
Regular training on harassment, discrimination, and bystander intervention is crucial. Employees and managers alike should understand what constitutes harassment, the impact it can have, and how to report it. Training should be practical and frequent, ensuring that it becomes part of the workplace culture.
4. Encourage open communication
Employees must know how to report harassment concerns confidentially and without fear of reprisal. Employers should make sure that reporting processes are clear and accessible, and that employees feel comfortable using them.
5. Take Complaints Seriously
When incidents of sexual harassment are reported, employers need to take prompt, decisive action to address the issue. This includes investigating the complaint, taking any necessary disciplinary action, and ensuring that any affected employees feel safe and supported.
6. Ongoing Review and Monitoring
Sexual harassment risk is not static. Employers should regularly review their anti-harassment policies and risk assessments to ensure they are still effective. Periodic audits, anonymous employee feedback, and monitoring incident reports can all be useful ways to evaluate the impact of preventive measures.
Read The Equality and Human Rights Commission technical Guidance here
Third-Party Harassment
The new duty also applies to harassment risks posed by third parties who may enter the workplace, such as clients, customers, contractors, or suppliers. Employers should consider specific steps to address these risks, such as ensuring employees have support if they experience harassment from a third party, and setting boundaries for acceptable behaviour in these interactions.
What are the implications?
Failing to meet the proactive duty under the Worker Protection Act could lead to financial consequences in the event of a Tribunal claim. Employers who do not take adequate preventive measures may face significant compensation uplifts and possible enforcement action from the EHRC. This makes it crucial for employers to approach harassment prevention with more than just compliance in mind; a safe, harassment-free workplace is essential for employee wellbeing, morale, and retention.
Castle HR & Training have put together a FREE Risk Assessment template to help you identify key risk areas in your business. If you are interested in receiving a copy please contact us HERE.
If you require any further support in conducting risk assessments. training or implementing new processes to your business please contact us at info@castlehr.co.uk Our team of HR specialists is currently supporting multiple businesses across the area and are here to offer valuable advice, guidance and support.
By taking these proactive steps, employers not only meet their legal obligations but also promote a culture where respect and safety are the norm, reducing the likelihood of harassment and the associated legal and financial risks.
