With the Worker Protection Act 2023 taking effect on October 26, employers are entering a new era of workplace safety, particularly around preventing sexual harassment. While past legislation has primarily encouraged employers to respond to incidents after they occur, this new law requires proactive steps to prevent harassment from happening in the first place. This shift reflects the pressing need for a safer work environment, with a sharp 46.5% increase in sexual harassment cases over the past four years and 55% of women expressing concerns about the risk of harassment in their workplaces.
To support employers in adapting to these changes, the Equality and Human Rights Commission (EHRC) has released guidance designed to clarify new requirements and offer practical steps for compliance.
Key Steps for Employers Under the New Act
Employers are now expected to take “reasonable steps” to prevent sexual harassment. Failure to meet this duty could lead to serious consequences, including potential penalties of up to a 25% increase in compensation at a tribunal if an incident does occur. Here are four core areas the EHRC recommends for compliance:
Conduct Regular Risk Assessments
Risk assessments can help identify potential areas of concern within the workplace, enabling proactive measures before issues arise. Regular evaluations will allow you to stay ahead and ensure a safe, respectful work environment.
Engage with Employees
By fostering open channels of communication and engaging with employees, employers can gain insight into their experiences and concerns, while encouraging a culture of respect and accountability.
Monitor and Evaluate Policies
Continually reviewing harassment policies ensures they’re not just words on paper but are actively enforced and adjusted as needed. Regular evaluations can uncover gaps and prompt timely updates.
Prevent Third-Party Harassment
A key part of the EHRC’s guidance is extending the duty of care to prevent harassment from third parties, such as clients and customers. Although this isn’t directly addressed in the Worker Protection Act, the EHRC can take enforcement action if they find evidence of non-compliance related to third-party harassment.
Proactive Safeguarding in Action
With the EHRC’s new enforcement powers, businesses can face action even without a specific harassment incident, underscoring the need for a proactive approach. Non-compliance is no longer simply a reactive issue; it now demands preventative action to create an inclusive and harassment-free environment.
If your organisation needs a comprehensive risk assessment on sexual harassment, get in touch with Base Solutions. Our team is here to assist you.
📞 Call us at 020 3976 9478
✉️ Email us at info@baseoslutionsltd.com
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