The Worker Protection Act 2023 – what employers need to know

Employers have been responsible for discrimination and harassment at work for a long time. This includes sexual harassment and victimisation by their employees. However, if an employer can prove they took reasonable steps to prevent such behaviour, they may not be held liable in the Employment Tribunal.

These reasonable steps can include having equal opportunities and anti-harassment policies in place.  To make the defence effective, employers should actively implement these policies. Regular training for staff and managers can achieve this. Routine policy reviews are also important. This law will require employers to act against sexual harassment in the workplace. This marks a significant shift towards prioritising preventative measures.

If employees successfully claim sexual harassment at an Employment Tribunal, they may get an additional 25% in compensation. This is possible if they show that their employer did not take reasonable steps to prevent the harassment. This increase can be a big boost. In 2022, the average pay out for sex discrimination was £37,000.

Q: What is sexual harassment in the workplace?

Sexual harassment is unwanted conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. This may involve inappropriate jokes, images, questions, emails, social media posts or unwanted physical contact. The effects of sexual harassment can be serious. It can harm not only the affected person’s work and home life but also their confidence and health.

For employers, addressing sexual harassment is crucial. Failing to do so can lead to costly legal issues and damage the reputation of your business. It can also make it more difficult to attract and keep talented employees. This leads to a workplace culture with low engagement and morale.

Q: How does the new law impact compensation for sexual harassment claims?

If employees successfully claim sexual harassment at an Employment Tribunal, they may get an additional 25% in compensation. This is possible if they show that their employer did not take reasonable steps to prevent the harassment. This increase can be a big boost. In 2022, the average pay out for sex discrimination was £37,000.

Q: What are the employer’s responsibilities?

Employers should start by doing a careful risk assessment. This will help them find possible risks of sexual harassment in their workplace.

The key point is to focus on where improvement is needed. A good risk assessment will focus on the types of roles and responsibilities staff have, and where the risks of harassment may be higher. It is important to identify risk elements, such as events, which involve the consumption of alcohol.

The risk assessment should be regularly updated to reflect any significant changes in the business. It’s also essential to review policies to ensure they adequately address sexual harassment complaints and also to ensure that related issues, such as online interactions are adequately addressed.

Staff training should be implemented as part of the on boarding process, alongside ongoing training sessions to reinforce these important principles. Training should be specific to the working environment, for example the hospitality sector will face different challenges to a firm of accountants.

Clear communication channels should be set up. This allows employees to talk about their concerns openly with their managers. Managers and supervisors must receive training to lead by example, they should also feel confident to handle any issues quickly and properly. Consider developing an action plan that outlines how you will communicate about sexual harassment issues, detailing the resources available to employees who may need them. Having regular talks about workplace culture can help create an environment. In this space, employees feel safe to speak up without fear of retaliation.

Q: What resources are available for employers who need assistance?

The Equality and Human Rights Commission (EHRC) has provided clear guidance for employers. This is important reading. We can also provide advice on the steps you need to take that are proportionate and appropriate to keep your business safe.

Q: Why is it important to take these legal changes seriously?

Ignoring these requirements can lead to a toxic workplace culture and potential Employment Tribunal litigation, both of which can be costly. Also, the damage to reputation from these cases can be serious. Sexual harassment claims often get more media attention today. By being proactive, employers can follow the law and create a healthy workplace. This can help prevent expensive and harmful litigation.

Q: How can our employment law solicitors help?

If you’re an employer seeking specialised assistance in implementing effective anti-harassment strategies, please contact us for personalised advice. We can help you prepare risk assessment documents and review your existing policies to ensure legal compliance.

Additionally, we offer ongoing employment advice and support through our Bulletproof HR Service. By signing up, you will receive comprehensive guidance on employment law matters whenever you need it. We also provide Employment Tribunal insurance, which protects your business in the event of an employment tribunal claim.

If you have questions about these legal changes—whether you’re an employer seeking guidance or an employee needing legal advice—please don’t hesitate to contact us. You can reach our Doncaster employment solicitors at 01302 341414 or our Sheffield employment solicitors at 0114 272 1884. Alternatively, you can fill out our online enquiry form.