What SMEs need to know about new Worker Protection Act 2023

All UK employers must ensure their business is prepared for the upcoming Worker Protection Act 2023.

It will come into force in just nine days on the 26^th of October 2024 and will mean that by law, all businesses must take ‘reasonable steps’ to protect their workers from sexual harassment.

Why are these changes being made?

Although the Equality Act 2010 already provides legal protections against sexual harassment in the workplace, evidence shows that in recent years this type of harassment is still an issue within offices across the country.

Following the Woman & Equalities Committee’s fifth report of session 2017-19, the government held a public consultation and public questionnaire to get an insight into the effectiveness of anti-harassment law, which has now led to the new Worker Protection Act 2023.

Many businesses not prepared for the changes or aware of the consequences of not complying

Despite being one of the most significant legislation updates in more than a decade, figures show that there is a high percentage of employers who are not aware of the changes and the steps they need to make in the workplace – or the consequences of not having such procedures in place.

Employment law and HR consultancy, WorkNest, carried out a recent survey to find out just how prepared organisations were for the changes and it revealed worrying results.

For example, just five per cent of businesses said that they are ‘well prepared’ for the new legislation, while 36% admitted to having the changes ‘on their radar’, but have yet to move beyond the early stages of preparation for it.

Less than one per cent (0.6%) of employers said they were fully prepared and had no further work to do.

If employers do not comply then the Equalities and Human Rights Commission (EHRC) can take action against them and they can find themselves facing a Level 5 fine, which has no maximum limit.

Not only that, but Employment tribunals can also increase compensation for sexual harassment victims by as much as 25% should their employer not take the ‘reasonable steps’ required by law to prevent such cases.

Worker Protection Act 2023 – what do I need to do as an employer?

Examples of what you can do as an employer:

• Review current policies – start with looking at the policies you already have in place and update them to ensure your company is promoting healthy relationships in the workplace. Make it a priority to put an anti-harassment policy in place if you don’t already have one.
• Provide adequate training for all staff – it’s vital that you provide training for all employees on the law coming into place, ensuring that they recognise and know how to prevent sexual harassment in the workplace.
• Take complaints made in the workplace seriously – act sensitively, fairly and quickly with any sexual harassment claims made.
• Make sure your staff feel safe to make a complaint – your employees should feel that they are able to make a complaint without fearing for their safety or reputation. This is why it’s so important that managers and HR in particular are trained to deal with these types of situations and act accordingly.

Our team of experts are available to answer any queries you may have, so drop us a line on 01442 795 100, email jaime.thorpe@dolanaccountancy.com, or contact us via live chat.