"The Worker Protection Act 2023: What Employers and Employees Need to Know About Preventing Sexual Harassment"

 "The Worker Protection Act 2023: What Employers and Employees Need to Know About Preventing Sexual Harassment"

The Worker Protection (Amendment of Equality Act 2010) Act 2023 introduces key changes that affect both employers and employees, especially regarding sexual harassment at the workplace. This blog post explains these changes in simple terms with real-life examples, ensuring everyone understands the new legal obligations and protections.

                    1. Employer Duty to Prevent Sexual Harassment 

                        (New Section 40A)

The Act imposes a duty on employers to take "reasonable steps" to prevent sexual harassment. This means businesses must actively work to create safe workplaces and protect employees from unwanted sexual conduct.

Example:

Emily, a sales assistant, repeatedly faces inappropriate comments from a co-worker, David, about her appearance. She reports the issue, but her manager brushes it off as harmless jokes. Under the new law, the employer has a duty to prevent such incidents. Failing to address this seriously could lead to legal action. Employers should implement clear sexual harassment policies, train staff on appropriate behavior, and ensure complaints are taken seriously to meet this duty.

                    2. Enforcement of the Employer's Duty

Employment tribunals now have the power to enforce this new duty. If an employee experiences harassment and the employer hasn’t taken reasonable steps to prevent it, they can take the case to a tribunal.

Example:

Alex, a junior accountant, is harassed by his supervisor, Mark. Alex complains to HR, but they delay taking any action. Later, Alex files a tribunal claim under the amended Equality Act. The tribunal finds that the company failed to act promptly to stop the harassment, holding the employer accountable for not fulfilling their duty under Section 40A.

                    3. Compensation Uplift (New Section 124A)

If an employer is found to have failed in their duty to prevent harassment, the employment tribunal can order a compensation uplift of up to 25%.

Example:

Sarah, an IT analyst, reports repeated harassment to her employer, but they ignore the complaint. When Sarah wins her case at the tribunal, she is awarded compensation. Due to the employer’s inaction, the tribunal adds an extra 20% to the compensation amount as a penalty for failing to prevent the harassment.

                    4. Equality and Human Rights Commission (EHRC) Enforcement

The EHRC is now empowered to enforce these new duties. They can investigate and take action against employers who fail to comply with Section 40A.

Example:

A company with a history of harassment complaints but no proper preventive measures in place is flagged by employees. The EHRC steps in to investigate and enforce corrective actions, including introducing mandatory training and policy changes to ensure a safer work environment.

                    5. Applicability and Timelines

These changes will apply across England, Wales, and Scotland. It is anticipated to be enforced on 26th October 2024.

Both employers and employees must understand the new requirements under the Worker Protection Act 2023. Employers need to be proactive in preventing harassment by implementing clear policies and providing training. Employees, on the other hand, should be aware of their rights and know that they are protected from sexual harassment at work. The Act makes it clear that businesses can no longer ignore these responsibilities without facing significant consequences