Understanding the Worker Protection Act 2024: A Guide for Employers
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You may have heard about the new Worker Protection Act, which introduces a legal duty for employers to take reasonable steps to prevent sexual harassment towards employees.
But what is the new legislation, and how can you take reasonable steps to create a safe, speak-up workplace culture that aligns with these amendments?
At byrne·dean, we partner with workplaces on strategies against sexual harassment, protecting both people from harm and organisations from risk. In this post, you will discover expert guidance about the UK Worker Protection Act 2024, as well as practical tips to prepare your organisation for this shift.
TABLE OF CONTENTS
- What is the Worker Protection Act 2024?
- What does the 2024 Worker Protection Act say about sexual harassment in the workplace?
- How does this differ from previous legislation?
- What are your duties as an employer with the Worker Protection Act October 2024?
- How to prepare your business for the new Worker Protection Act 2024
- Summary: creating a speak-up culture
What is the Worker Protection Act 2024?
The Worker Protection Act outlines a new legal obligation for employers to protect employees from sexual harassment. It is an amendment of the Equality Act 2010, passed into law in October 2023 and will come into effect on 26 October 2024. It states that employers must take reasonable steps to prevent sexual harassment in the workplace.
Equality Act or Worker Protection Act?
The new law is contained within the Equality Act (s40A), which was amended by the WPA last year. This means that it is actually an amendment of the S40A, within the Equality Act that will be enforced on 26 October, rather than a separate ‘Worker Protection Act’ itself.
What does the 2024 Worker Protection Act say about sexual harassment in the workplace?
Under the Act, in section 26, sexual harassment includes unwanted conduct of a sexual nature that has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment. Examples include sexualised comments, the sharing of explicit images and inappropriate physical touch.
How does this differ from previous legislation?
Previously, the primary legislation governing workplace harassment in the UK was the Equality Act 2010. This Act was designed to protect individuals from discrimination and harassment based on sex, race, disability and age. It highlighted the importance of addressing sexual harassment incidents after they had occurred.
However, the new 2024 Worker Protection Act requires employers to put preventative measures in place, making the approach more forward-focused and less reactive.
“The flaw in the legal system is obvious: it placed all the responsibility for action to tackle sexual harassment. This new proactive duty now places responsibility on the employer, who is actually in a position to do something to control the workplace environment."
Samantha Mangwana - Director, Head of Strategy
Preventative measures include anti-harassment training, creating clear reporting systems and regular workplace reviews. It is important to note that if an employer fails to meet this preventative duty and a claim of sexual harassment is upheld in a tribunal, compensation could be increased by up to 25%.
What are your duties as an employer with the Worker Protection Act October 2024 amendments?
Your duties as an employer are simple; as an organisation, you need to take reasonable steps to prevent employees from experiencing sexual harassment at work.
‘An employer must take reasonable steps to prevent sexual harassment of employees in the course of their employment.’
However, the new legislation does not outline clear, practical steps, which may leave you feeling confused. So, what steps do you need to take to future-proof your organisation?
How to prepare your business for the new Worker Protection Act 2024
Whilst the definition of sexual harassment may be clear, it can be confusing to know how to put the law into practice within your organisation. Here’s a list of simple, proactive measures that you can take to align with the new legislation and receive peace of mind. These measures can be adapted and refined over time as a continuous evolving approach.
1. Align Leaders
Start at the top by making sure your organisation's leaders are aligned. Leaders should understand why preventing sexual misconduct is important and be willing to actively participate in driving change. It can also be helpful to appoint one credible individual to lead a group of senior managers to ensure these changes are actioned and implemented.
Need more clarity and guidance? At byrne·dean, we offer 60-90 minute board alignment services to support organisations in quickly establishing insights so that your leaders can align and create a prevention-proof action plan.
Explore board alignment services
2. Raise Knowledge Through Training
Ensure that everyone in your organisation is informed on the latest changes in legislation through ongoing training and resources. Employees must understand the importance of preventing sexual harassment in the workplace and the steps to take to prevent it. Set clear behaviour standards and response expectations, then establish clear reporting channels that make it easy for employees to report sexual harassment concerns.
Explore workplace behaviour training
3. Manage Risk Effectively
View sexual harassment as a workplace hazard that harms people. Then, as with any other form of hazard, apply risk management. Identify risks with assessments, eliminate these as far as possible, and then control remaining risks effectively. Not sure where to start?
Prevention-ready assessments are a simple way to assess what prevention measures you already have in place, and highlight areas that need fine-tuning. These assessments support you to understand your organisation's sexual harassment prevention strengths and weaknesses and highlight additional action for you to take to align with the new legislation.
Explore prevention ready assessments
4. Make Reporting Accessible
Make sure your organisation has clear, accessible reporting channels. These reporting channels should be shared with all members of staff in various formats so that everyone feels seen, heard and respected. Explore the current barriers that are minimising reporting levels and make relevant changes. Consider using digital platforms that allow employees to submit reports anonymously and encourage those who feel uncomfortable making a direct report. You can also assign dedicated HR contacts, hotlines or online portals where employees can report incidents outside of office hours in a relaxed, safe environment.
5. Monitor & Review Data
Once you have put new preventative policies and procedures in place, monitor the effectiveness of these measures. You can track training participation, review incidents and update policies to address gaps. Data should be continuously evaluated, and any changes in policies or procedures should be communicated transparently to all employees.
Questions you may ask include:
- Has there been an increase or decrease in reporting?
- What percentage of employees are aware of how to report a concern?
- How many employees have taken part in workplace behaviour training?
- What percentage of employees feel comfortable reporting to the current HR lead?
- Do we need to appoint multiple whistleblowing leads?
6. Respond Appropriately
When incidents occur, ensure you have systems in place to respond appropriately. This includes appointing skilled, experienced and trauma-informed responders and investigators who can handle situations with a professional, supportive and person-centred approach. Whilst the new legislation emphasises prevention, responding is still key.
Action must be taken to ensure that all employees feel supported. If employees see that action is taken, they will trust your organisation. This supports the continuously evolving six-step approach to gain momentum, drive change and create a speak-up culture.
Summary: creating a speak-up culture
The Worker Protection Act 2024 marks a significant shift in how employers must address sexual harassment in the workplace. Addressing incidents after they have occurred is no longer an acceptable workplace strategy, even if handled with respect. Employers must now take proactive, reasonable steps to prevent harassment before it happens and cultivate an environment that empowers everyone to speak up.
"To truly embed culture, you need to shift habits, mindsets, structures, and processes. This is not a one-time fix. It takes constant effort, every day by everyone, and the strategy around this will need to keep evolving. These moments are opportunities to live your culture through your actions, and to reflect on how you can improve in the future."
Tick Box Training is Not Enough, byrne·dean
Whilst the change in legislation introduces new responsibilities, it also offers organisations the chance to build a positive, communicative workplace culture. At byrne·dean, we are ready to guide your organisation through these challenges with our workplace expertise.
We have developed a crystal clear diagnostic system that provides you with a snapshot analysis of how prevention-safe your organisation is while revealing primary action areas. Our prevention-ready assessments, workplace behaviour training and board alignment services offer comprehensive solutions so that you can reduce risk, uplevel your prevention strategies, and receive peace of mind.
