The Worker Protection Act (2024): A new legal duty to prevent sexual harassment “to transform workplace cultures”

What is the Worker Protection Act?

From October 24th 2024 employers will have a new legal obligation to protect workers from sexual harassment.

The Worker Protection Act (2024) is an amendment to the existing Equality Act 2010. The act marks a significant shift in obligation from the individual toward the employer in taking positive steps to address inappropriate conduct.

The guidance emphasises that all employers must take action, and no employer is exempt from the sexual harassment preventative duty.

This will mean several things for employers,

Your responsibilities

The Worker Protection Act comes into effect on October 26th. Employers are responsible for preparing for it beforehand.

There is no exact guidance on what action needs to be taken to demonstrate that you have taken reasonable steps to prevent sexual harassment. However, you can take the following steps:

• Review policies: ensure that they are up-to-date and fit for purpose.

• Risk assess situations and events, whether at work or third-party premises and understand where risks may occur. Then try to mitigate those risks.

• Improve internal communication, and look at ways for employees to flag risks and incidents.

• Training to raise awareness on what is and what they should do if they experience it

• Ensure that issues are taken seriously and flagged at a board level so that senior leaders are aware of what is happening. Report risks and record actions to address these risks/actions.

Failure to take action raises the risk for higher compensation to victims of sexual harassment and compensation can be increased by up to 25% if the employer is found to have not taken reasonable steps.

Additionally, you may be subject to an EHRC investigation and enforcement action independently of any incident taking place.

This is an ongoing exercise, not just a one-time thing that needs to be completed by 26 October. Once your processes are in place you’ll need to continue to review and improve on those measures where appropriate.

Whatever size of business you are it's important you do something.