STOPPING sexual harassment

Croner senior business development manager Nick Babington explains how the Worker Protection Act 2023 will safeguard against sexual harassment

The Worker Protection Act 2023 is due to come into effect in October 2024. This act means that employers have a duty to take reasonable steps to prevent sexual harassment of their employees.

Tribunals will be given the power to uplift compensation for sexual harassment by up to 25% if an employer is found to have failed this duty.

The new duty can be enforced by the Equality and Human Rights Commission (EHRC) whose powers include investigating suspected harassment, entering into a binding agreement with the employer to take action and assisting individuals with legal proceedings.

WHY DO PREVENTATIVE MEASURES MATTER?

The new act has a focus on preventative measures that employers need to take into consideration. It encourages business owners to look at their work environment, culture and policies to ensure that their employees remain safe while they are at work.

Where this will have a positive impact on workplaces, employers need to be aware of the limitations that may leave some of their employees unprotected (by the legislation).

This act doesn’t apply to employee interactions with third parties, which can be customers or business clients. This does raise the issue of many customer-facing employees being on zero-hour contracts, which may leave your employees feeling vulnerable and fearing losing their jobs if they report harassment.

WHAT DOES THE WORKER PROTECTION ACT MEAN TO EMPLOYERS?

As a standard, employers and business owners should be working to create a positive work environment for all their employees. The Worker Protection Act ensures that employers implement measures that prevent harassment.

When the act comes into force in October 2024, employers should start the process now to ensure their employees are protected. This could include taking the following steps:

• Assessing internal policies and procedures and making the appropriate amends

• Upskilling staff members to understand and prevent harmful attitudes and behaviours

• Ensure that staff are aware that sexism and misogyny aren’t tolerated in the workplace (or out of the workplace)

GET EXPERT ADVICE

If you’re unsure of how to start putting in preventative measures, or how the Worker Protection Act will affect your business, get in touch with one of Croner’s dedicated HR and Employment Law experts by calling 07977 806 902 or emailing nick. babington@croner.co.uk.

NICK BABINGTON

Nick Babington has been an executive board member for several group businesses for 16 years. Currently with Croner Group Ltd, he delivers client-based solutions to businesses of all sizes and advises on employment law, health and safety legislation, mental health, and good commercial practice. His main objective is to demonstrate the necessity of keeping your business up to date with the constant changes in employment law and business safety, while unravelling the potential pitfalls that can catch out all employers, however well-meaning their intentions.