The UK Worker Protection Act: a new era of workplace safety?

October 2024  |  FEATURE | FINANCE & INVESTMENT

Financier Worldwide Magazine

October 2024 Issue

Discrimination in the workplace – be it race, gender, age, religion, nationality or disability orientated – is a barrier to progress, doing little to promote harmony and a lot to stoke dissension.

In the UK, workplace discrimination is certainly a key issue, sexual discrimination in particular. According to the Equality and Human Rights Commission (EHRC), 40 percent of women and 18 percent of men have reported experiencing some form of sexual harassment at work in the UK.

Additionally, 75 percent of people have witnessed sexual harassment at work – a figure that highlights the pervasive nature of the problem and the necessity for robust preventive measures.

“Everyone deserves to feel safe at work but the harsh reality is that too many do not because workplace cultures allow sexual harassment to thrive,” says Alesha De-Freitas, head of policy at the Fawcett Society. “Women, for example, experience different rates and forms of harassment. People of colour report even higher rates of sexual harassment, while 68 percent of disabled women and LGBTQ+ workers have experienced workplace harassment.”

For its part, the UK government has recognised that the current harassment prevention regulations are not doing enough to stop workplace sexual harassment. In an effort to change this, the UK Worker Protection Act 2023 has been introduced – one of the most significant updates in more than a decade.

The UK Worker Protection Act 2023

An update to the existing Equality Act 2010, the UK Worker Protection Act 2023 shores up existing employee protections and aims to take sexual harassment prevention a step further, as outlined below.

Proactive duty to prevent harassment. Employers must implement proactive measures to prevent sexual harassment. This includes developing comprehensive policies, providing regular and meaningful training, and assessing and mitigating risks specific to their workplace.

No standalone right for individuals. While individuals cannot enforce the Act independently, an employment tribunal considering a sexual harassment claim will evaluate the extent of the employer’s compliance with the new duty, potentially increasing compensation by up to 25 percent if the duty is breached.

Enforcement mechanisms. The EHRC will play a critical role in enforcement, conducting investigations, creating action plans and issuing injunctions. It can also publish information about breaches, significantly impacting the public image of the offending organisation.

“The Act will create a ‘preventative duty’: a requirement that employers prevent sexual harassment from happening in their workplaces,” affirms Ms De-Freitas. “It will move us from a culture of redress to one of prevention.

“This means clear policies, training for managers and proper, impartial investigations into reported harassment,” she continues. “The EHRC will be able to take enforcement action against firms that breach this duty and employers will also be liable to individuals as part of wider sexual harassment claims at an employment tribunal.”

Compliance

While the EHRC is expected to release detailed guidance in September 2024, NAVEX’s analysis advises companies to take the following steps to ensure compliance with the legislation upon its enactment in October 2024.

First, companies should examine their existing policies. It is crucial to have a clear, distinct sexual harassment policy or to ensure this is prominently addressed within broader policies. Define sexual harassment clearly, provide concrete examples and ensure there is no ambiguity.

Second, regular training sessions are essential. These should be for new hires and as regular refreshers for all staff. Training should cover recognising sexual harassment, the steps to take if it occurs and the roles of bystanders in preventing harassment.

Third, identify roles and situations that might be more susceptible to sexual harassment, such as late-night shifts or positions with significant power imbalances. Tailor preventive measures to address these specific risks.

Fourth, develop transparent, accessible reporting systems. These should include various reporting channels, such as hotlines and designated emails, and include anonymous options. Clear procedures for when and how to report ensure employees know what to do if they experience or witness sexual harassment.

Fifth, foster a workplace culture that encourages reporting and supports victims in speaking up. This involves human resources actively engaging with employees, building trust and ensuring prompt investigation of complaints. It is about compliance and creating a safe and supportive work environment.

Finally, keep detailed records of all preventive measures, training sessions and incidents. Regular audits and staff feedback can help refine strategies and ensure ongoing compliance.

“Good firms are already taking significant steps to avoid sexual harassment on their premises,” observes Ms De-Freitas. “Such firms provide clear guidance for staff about what is and is not unacceptable behaviour and how to be an active ally, as well as training for managers in how to deal with reports of sexual harassment.

“These are not expensive policies to implement, yet they make a huge difference to the wellbeing, productivity and retention of staff,” she concludes. “We are confident that the new Act means that all companies will now recognise that cultures that permit sexual harassment now have to be consigned to the history books, or else face the consequences.”

© Financier Worldwide

BY

Fraser Tennant