The New Worker Protection Act 2023: What you Need to Know
Sexual harassment (SH) in workplaces remains a prevalent issue in the UK with 1 in 10 adults in the last 12 months experiencing one form of sexual harassment in their workplace that has left them feeling upset, distressed, or threatened. A significant number of SH incidents remain unreported or overlooked, which can significantly undermine the workplace environment by fostering toxicity and hampering diversity and productivity. Therefore, having come into force on October 26th 2024, The Worker Protection Act 2023 outlines new protections from sexual harassment that aims to create safer working environments moving forwards.
What You Need to Know:
Employers now have a legal duty to take reasonable steps and preventative measures to avoid cases of sexual harassment in the workplace.
Shifting the responsibility from individuals to employers is what sets the new SH act apart from previous policies as well as an increased scope, extending protection to all employees regardless of their location (office, remote work, or work-related events) and the size or nature of the business. The policy allows for enforcement action from the Equality and Human Rights Commission to intervene when organisations fail to take steps to prevent sexual harassment. Additionally, there are now increased penalties, with tribunals offering higher compensation of up to 25%.
Employers should take reasonable actions to provide safer working environments and align with new policies:
Read and implement new guidance: published by the Advisory Conciliation and Arbitration Service (Acas) and the Equality and Human Rights Commission to better protect and support staff.
Conduct a thorough risk assessment: identify potential harassment situations and understand their impact to prevent them.
Establish a clear anti-harassment policy: outline different types of harassment, reporting procedures, and the disciplinary actions that will be taken. This makes employees aware of the illegality of harassment and the zero-tolerance approach.
Implement mandatory training: establish a training course for staff that is engaging and specific and avoid generalised ‘tik box’ read and sign policies. Effective training could include a combination eLearning and in-person training.
Investigate allegations with objectivity: gather as much evidence as you can and avoid bias. Clear communication should be maintained throughout the process, and outcomes should be communicated with an appropriate level of detail while respecting confidentiality.
Regularly review and update policies: It is crucial to ensure that the policy consistently aligns with current laws and expectations.
Keep records of SH: create a register or maintain all records of SH, outcomes and investigations.
How Thorn Baker Have Enforced the New Worker Protection Act 2023:
At Thorn Baker, we prioritise the implementation of tailored measures to prevent sexual harassment, considering the unique dynamics between our internal staff and temporary workers. Therefore, we have enforced two policies to ensure that everybody is protected: a Sexual Harassment Policy for our Temporary Workers that we supply and a Sexual Harassment Policy for our Thorn Baker Employees.
Thorn Baker’s Head of People Services has clearly outlined our approach to implement new SH legislations including mandatory training for ALL employees in every department and sector. Training includes information on the new legislation as well as the best process for handling SH cases. Staff begin with two eLearning modules followed by face-to-face training in every branch across the UK. Attendance is compulsory and eLearning must be completed prior to the in-person training to ensure everybody is prepared for an effective session.
Thorn Baker takes a zero-tolerance approach to sexual harassment and is committed to ensuring all staff and applicants are treated with dignity and respect. Everybody should have the right to work in an environment that is free from any form of harassment.
What You Need to Know as a Temporary Worker:
We are committed to safeguarding all employees and ensuring reasonable treatment for temporary workers, although our influence over situations occurring at a client's site may be limited. We will encourage all temporary workers to read our New Sexual Harassment Policy, and we will risk access clients by checking for clients' documentation regarding sexual harassment training, policies, and preventive measures before assigning candidates to work. It is also crucial to ensure that our anti-harassment policy is communicated to all staff, particularly those working alongside our employees.
These measures are essential to establish a safe and respectful work environment for all employees. Non-compliance with the new regulations could lead to significant financial and reputational damage. This may include decreased revenue due to customer attrition, heightened marketing expenses to rebuild our reputation and attract new customers, as well as the potential loss of contracts and partnerships as other companies seek to distance themselves from those not prioritising employee protection.
If you require more information, please get in contact with one of our consultants or contact us here.