The Worker Protection Act- October 2024 updates- A focus on Sexual Harassment-Whitepaper
Sexual harassment in the workplace is an extensive issue that threatens the safety, dignity and equality of employees. It can significantly impact someone's mental health, create a hostile environment in the workplace and affect productivity.
The Work Protection Act 2023 is an update to an existing law: Equality Act 2010. The new amendments are in place to clear up existing employee protection requirements in place and aims to further enhance sexual harassment prevention. The act highlights clearly the preventative measures that employers have a duty to put in place to protect their employees.
In this white paper we will be discussing the Worker Protection Act 2023 (An Amendment of the Equality Act 2010) the upcoming updates, what they mean and what it means for employers.
Did you know?
43% of women have experienced at least three incidents of sexual harassment at work.
25% of women say they avoided certain work situations, like meetings, courses, locations, and shifts, to avoid the perpetrator.
At least 7-10% of men have experienced sexual harassment in the workplace.
Recent Updates
In October 2024 the new updates to The Worker Protection Act 2023 are due to come into place. The key changes to this act are:
Employer Duty
Enforcement
Tribunal Powers
Workplace Culture
Reporting
Training
Policies
Employers will be required to take reasonable steps to prevent sexual harassment in the workplace. Employers who fail to meet the preventative duty are likely to be liable. Tribunals will be given the power to uplift compensation for sexual harassment by up to 25%.
Employers should:
Ensure that their harassment policies are up to date, clear and compliant with the new law. There should be clear reporting systems in place for employees should they experience harassment or bullying.
Ensure that regular sexual harassment training is provided for employees.
The clear message for this new update is focused on the duty that the employer has to protect employees and prevent sexual harassment within the workplace.
Signs of Sexual Harassment in the workplace:
Understanding the signs of sexual harassment in the workplace is essential for employers, to ensure that they can protect their employees, and prevent it to the best of their ability.
Here are 7 signs to look out for:
Coercion/Intimidation
Inappropriate Jokes
Unwanted Sexual Attention
Unwelcome Touching
Sexualised Conversations/ Jokes
Persistent Date Requests
Insults
Coercion/ Intimidation – A person in a position of authority demands sexual favours in return for job-related benefits. This could be a supervisor that offers promotion if the victim engages in sexual acts or threatens job security if they don’t. This creates an uncomfortable and fearful atmosphere for an individual who may feel trapped or fearful of the consequences if they refuse.
Unwanted Sexual Attention – Unwanted sexual comments about a person’s appearance, body or clothing. This can be repeatedly making comments or compliments about a colleague's appearance, making them feel uncomfortable, humiliated and objectified.
Unwelcome Touching – Inappropriate hugging, patting or touching to more serious instances such as grouping and sexual assault. This leaves the individual feeling violated, unsafe and even traumatise them.
Inappropriate Conversations – Jokes or conversations of a sexual nature, including those based on sex or gender identity. This creates a hostile environment and leaves the individuals feeling uncomfortable and even fearful.
Sexualised Conversations / Gestures – Explicit conversations about one’s sex life. Making sexual gestures or using body language to suggest sexual acts. Displaying sexually explicit materials, digitally or physically. All of which cross professional boundaries and can leave the individuals feeling uncomfortable and unsafe.
Persistent Date Requests – Continuous and persistent requests for dates even after clear and repeated rejections. This puts the individual in an unfair position, making them feel stressed, pressured and even unsafe.
Insults – Sexually charged insults, slurs or other forms of derogatory language aimed at an individual based on their sex or gender identity. This creates a hostile environment and is humiliating for the individual it is aimed at.
Advice for Employers
The new additions to this legislation are designed to ensure employers take a more proactive approach. Employers should prepare and ensure that the following steps are taken to comply with the latest updates.
Carry out risk assessments
Inclusive Culture
Effective Reporting Process
Training
Review Current Policies
1- Carry out risk assessments
If you don’t already, you should carry out a risk assessment on sexual harassment like you would with safety and health risk assessments. Within the risk assessment you should consider:
Consider the risks of sexual harassment occurring in the course employment.
Consider what steps could reduce those risks and prevent sexual harassment.
Consider which of those steps would be the most reasonable to take.
Implement those reasonable steps.
The steps you take to prevent and reduce the risk of sexual harassment will vary from company to company.
2- Inclusive Culture
Create a climate of respect and inclusion within your workplace and have a clear zero-tolerance policy on harassment. Ensure that your employees all understand this and are kept up to date with any policy changes.
3- Effective Reporting Processes
You should have a clear reporting process for reporting harassment and ensure all employees are aware and understand.
Make sure to communicate that your employees are able to raise issues outside of the formal reporting process too should they feel more comfortable, this could be just asking to talk to their manager.
Have specifically trained staff where possible and appropriate who are available to support your employees who are experiencing harassment or anything else they need support in.
Respond quickly to any complaints made.
Always investigate the complaint thoroughly and appropriately.
4- Training
It is important to make sure that all employees understand what is considered as sexual harassment, where they can report it and how to handle it should they witness it. To ensure all employees are kept up to date, regular training should be done. You can find online courses that you and your employees can take part in or outsource to a training and consulting company like us.
5- Review Current Policies
It is important to review your current company policies on sexual harassment regularly and ensure that they are up to date. Regularly reviewing your company policies is a good working practice, as it allows you to ensure that they are always compliant with legislation such as the Worker Protection Act 2023.
If you have any requests or concerns about the issues raised in the white paper or need any help or advice, please get in touch. Our team offer full support and training around issues such as this and are able to advise and train employers and employees on safeguarding those experiencing this.
More information on the updates