The October 2024 Worker Protection Act: What Employers Need to Know
Keeping up with regulatory changes can be challenging, especially when they directly impact how you manage your workforce. With the Worker Protection (Amendment of Equality Act 2010) Act 2024 taking effect on 26 October 2024, employers must focus on preventing workplace harassment—particularly sexual harassment—by implementing proactive measures.
Here's a breakdown of the key updates and what actions you should take to ensure compliance and promote a safe workplace culture.
Steps to Ensure Compliance
So, what should you do to align your business with the new Act? Here are some essential steps:
1. Update and Communicate Policies
Having a strong anti-harassment policy is crucial, but it’s not enough to simply file it away in an employee handbook. The new law requires businesses to ensure that these policies are well-communicated and understood at all levels of the organization. This includes policies on third-party harassment (e.g., contractors or clients), ensuring everyone interacting with your staff is aware of expected behaviour.
2. Conduct Risk Assessments
Regular risk assessments are vital under the new law. This means evaluating the workplace for situations where harassment could occur. For instance, does your business involve employees working in isolated areas or one-on-one with clients? These scenarios may present higher risks. Your assessment should be thorough, with clear and actionable mitigation strategies.
3. Training and Awareness
Ongoing training is another key aspect of compliance. Both employees and managers need to understand what constitutes sexual harassment and how to report it. Additionally, train your leadership team on handling complaints, as they are often the first point of contact when issues arise.
4. Monitoring and Feedback
Even with policies and training in place, it’s essential to monitor their effectiveness. Implement anonymous reporting channels so employees feel safe raising concerns. Regular reviews and feedback through surveys or exit interviews can help gauge whether your preventative measures are working, enabling a proactive approach to any necessary adjustments.
5. Leadership Involvement
Building a culture of zero tolerance for harassment requires strong leadership. Management should lead by example and clearly communicate the company’s stance on harassment. Leadership’s commitment will help embed the right behaviours and attitudes throughout the workplace.
Key Changes in the Worker Protection Act
This legislation introduces a new "preventative duty," requiring employers to take "reasonable steps" to stop sexual harassment of employees, including by third parties. In contrast to previous rules, which focused on accountability after an incident occurred, this law shifts the emphasis to prevention. This proactive approach means businesses must actively work to create a harassment-free environment or face legal and financial consequences.
A significant change is the increased liability for employers. If a company fails to take sufficient preventative steps, compensation awarded to harassment victims may be increased by up to 25%. This highlights the importance of taking a more proactive approach to workplace harassment prevention.
Consequences of Non-Compliance
Failing to meet the new preventative duty carries significant risks. If your company is found liable for harassment and it’s shown that "reasonable steps" weren’t taken to prevent the incident, compensation awarded to the employee could increase by up to 25%. Additionally, regulators like the Equality and Human Rights Commission (EHRC) may take enforcement action, particularly against organizations with repeated failures.
What Constitutes "Reasonable" Steps?
The law does not provide a specific checklist of "reasonable steps," as these will vary depending on the size and nature of your business. A small company might take different actions compared to a large corporation. However, what matters most is demonstrating the intent and effort to prevent harassment. Regularly reviewing and actively enforcing your policies will help show compliance.
Complying with the Act
Complying with the Worker Protection Act is not just about avoiding penalties—it’s about fostering a safe, inclusive, and positive workplace for your employees. By updating your policies, conducting risk assessments, offering regular training, and ensuring leadership commitment, you’ll not only meet your legal obligations but also enhance employee morale and retention.
If you're unsure how to begin or need specific guidance on implementing these changes, we're here to assist. At Handsam, we can provide advice and guidance to schools to ensure they are up to date and compliant with the latest regulations. Whether you need help with policy development, risk assessments, or staff training, our team has the expertise to guide you through the process.
HANDSAM RESOURCES
eTraining Course: Sexual Harassment in the Workplace
(From November 2024)
NEW HANDSAM ETRAINING COURSE
On November 11th Handsam will publish a brand new eTraining course which will ensure that all school managers are familiar with this new Act.
The course includes:
Employer Responsibilities Under the Worker Protection Act;
What is Sexual Harassment?;
the Impact of Sexual Harassment?;
What is the difference between banter and harassment?;
What to do if you’re unhappy with your workplace’s policy;
Cultivating a Speak-Up Culture;
Collecting data about Sexual Harassment in the workplace and reporting;
What must leaders and managers tell staff about the employer’s Sexual Harassment policy?;
How a School should deal with sexual harassment allegations;
What are the barriers to reporting?;
How to raise a grievance;
Who is liable in cases of sexual harassment?
Contact us on 03332 070737, email info@handsam.co.uk or CLICK HERE to find out more about this and many other Handsam eTraining courses.
Office 27, East Moons Moat Business Centre
Oxleasow Rd, Redditch B98 0RE
Phone: 0333 207 0737
