A new era of workplace protection: The worker protection act

A landmark change in workplace rights

On October 26th, 2024, a significant shift in workplace rights and responsibilities occurred with the implementation of the Worker Protection Act 2023. This groundbreaking legislation, which amends the Equality Act 2010, introduces a new era of protection for employees, particularly in relation to sexual harassment.

The heart of the matter: A new duty of care

The core of the Worker Protection Act 2023 is the imposition of a new duty on employers. This duty mandates that employers must take “reasonable steps” to prevent sexual harassment of their employees. This is a substantial departure from previous legislation, which primarily focused on responding to complaints of harassment after they had occurred.

What does “reasonable steps” mean?

While the specific steps required will vary depending on the size and nature of the workplace, the Act provides some general guidance. Employers are expected to:

• Create a clear policy: Develop a comprehensive policy on sexual harassment that clearly outlines what constitutes harassment, the consequences of such behavior, and the procedures for reporting and investigating complaints.
• Provide training: Offer regular training to all employees on sexual harassment, including what it looks like, how to recognize it, and how to report it.
• Establish a reporting mechanism: Implement a clear and accessible process for employees to report incidents of harassment, ensuring that complaints are taken seriously and investigated promptly.
• Take appropriate action: Once a complaint is made, employers must take prompt and appropriate action, which may include disciplinary measures, counseling, or other remedial steps.
• Create a positive workplace culture: Foster a workplace culture where respect, dignity, and equality are valued. This may involve promoting diversity and inclusion, encouraging open communication, and addressing any issues that may contribute to a hostile work environment.

Why this change?

The Worker Protection Act 2023 is a response to growing concerns about sexual harassment in the workplace. Numerous studies have shown that sexual harassment can have a devastating impact on victims, leading to psychological distress, decreased productivity, and even job loss. By placing a proactive duty on employers to prevent harassment, the Act aims to create safer and more inclusive workplaces.

Impact on employers

The new legislation presents significant challenges for employers. They must now not only respond to complaints of harassment but also actively work to prevent it from happening. This may require significant investment in training, policy development, and workplace culture change.

However, it’s important to note that compliance with the Act can also bring benefits. By taking proactive steps to prevent harassment, employers can improve employee morale, reduce absenteeism, and enhance their reputation as a responsible and ethical organization.

The role of employees

Employees also have a crucial role to play in ensuring workplace safety. They should be aware of their rights and responsibilities, and they should feel empowered to report any incidents of harassment without fear of retaliation. It’s important for employees to understand that sexual harassment is unacceptable and that they have the right to work in a safe and respectful environment.

Summary

The Worker Protection Act 2023 is a significant step forward in the fight against sexual harassment. By placing a new duty on employers to prevent harassment, the Act has the potential to transform workplaces and create a more equitable and just society. As we move into this new era of workplace protection, employers, employees, and policymakers need to work together to ensure that the spirit of the Act is fully realized.

What is Learning Pool doing to support? 

We’re excited to announce the addition of a dedicated elearning course on The Workers Protection Act 2023 to our Compliance 101 Collection. If your organization already has access to this collection, the course is available now in your content authoring tool and ready for use!

In addition, we’ve updated the following courses to ensure they reflect the latest best practices:

• Equality Act 2010 (Public Sector Collection)
• Bullying and Harassment (Equality, Diversity, and Inclusion Collection)

If you have any of these collections, the updated lessons are ready to download today.

For organizations not currently using these collections but interested in rolling out this content, simply contact your Client Account Executive (CAE) or request a callback.