Worker Protection Act: a guide for employers

The Worker Protection Act (Amendment of Equality Act 2010) will come into force in October 2024 and introduces a new duty on employers to take reasonable steps to prevent sexual harassment of their employees in the workplace.

In this blog, the Lodders Employment team explains the changes and what employers should do to prepare for the Worker Protection Act.

Worker Protection Act

Having received Royal Assent in October 2023, the amendment to the Equality Act strengthens existing protection for workers against sexual harassment by:

• imposing a mandatory duty on employers to take reasonable steps to prevent employees from experiencing sexual harassment in the course of their employment
• giving employment tribunals the power to uplift compensation by up to 25% where an employer is found to have breached this duty

The initial draft of the proposal stipulated that employers take ‘all reasonable steps’ to prevent sexual harassment in the workplace. However, this was adjusted during passage of the legislation to remove reference to ‘all.’

If employers fail to take reasonable steps to prevent sexual harassment, then the Equality and Human Right Commission (EHRC) can take enforcement steps, in addition to any successful tribunal claims, which, as mentioned above, will now be subject to a compensation uplift of up to 25%.

What should employers do to prepare for the Worker Protection Act?

Ahead of the Worker Protection Act coming into force in October 2024, employers should carefully consider what steps they can take to prevent sexual harassment within their organisations. These may include:

1. Carrying out sexual harassment risk assessments

The assessments should identify any clear risk factors and any specific measures needed to support employees. The original EHRC Technical Guidance on sexual harassment and harassment at work provides practical example of how to effectively tackle and respond to harassment. Whilst the guidance is set to be updated to reflect the new duty on employers, it is a useful resource that explains different types of harassment and possible risk factors in the workplace.

2. Reviewing anti-harassment policies

Policies should define what unacceptable behaviour looks like and set out a clear system for how any incidents or concerns should be reported. The policies should also explain the consequences of inappropriate behaviour. It is essential that these policies are well-communicated across the organisation and can be easily accessed by staff at all levels.

3. Delivering anti-harassment training or refresher training

The training should provide relevant staff members with the tools they need to identify, report, or, where appropriate, manage unacceptable behaviour.

4. Encouraging open communication throughout the business

There should be visible support from senior leadership, particularly in embedding diversity and inclusion values into company culture.

If you would like to discuss how the Worker Protection Act may impact your organisation and the steps you can take to prevent sexual harassment in the workplace, please get in touch with our Employment Law experts.