The UK Worker Protection Act: Employment Law Changes - October 2024

The UK Worker Protection Act 2023 sees a legal change that places the emphasis on employers to actively prevent sexual harassment in the workplace, a shift away from more reactive measures. The compliance deadline for these legal changes is October 2024 and with the potential for compensation being increased by up to 25% it is vital for workplaces to get to grips with these amendments. We have summarised some key points for workplaces to consider.

The Background

In 2018 the Equality and Human Rights Commission found that 40% of women and 18% of men had reported an experience of sexual harassment in the workplace. Considering the fact that it is extremely likely unreported cases would raise these already troubling figures, it is reassuring to see some vigorous legal changes being put in place.

Under the Equality Act 2010, sexual harassment is defined as unwanted conduct of a sexual nature, which has the purpose or effect of either: (a) violating the complainant’s dignity; or (b) creating an intimidating, hostile, degrading, humiliating or offensive environment for the complainant. Protected under this Act are employees, contractors, self-employed people hired to undertake work and job applicants.

Proactive Approach

1. Policies should be reviewed and amended if necessary to ensure that no ambiguity lies in definitions of sexual harassment.
2. Regular training should be provided not only for new starters, but for all employees, so everyone understands what to look for and what role we all must take as employees and colleagues to prevent sexual harassment.
3. Records of policy distribution and training should be kept up to date and accessible.
4. Employees, job applicants and contract workers should all have clear access to easily be able to report any instances where they have felt uncomfortable or if they feel they have been subjected to or witnessed sexual harassment.

Effective Change

These approaches are all working towards the goal of instilling a workplace culture of zero tolerance for sexual harassment, an understanding that victims and witnesses should and will speak up, and a welcoming and supportive senior leadership team ready to listen. This buy-in must come from a top down approach; all leaders must be made aware of these legal changes and have a proactive approach throughout the company.