Legislation

10th March 2025

What is the Worker Protection Act 2023?

Empowering Victims to Speak Up: Navigating the Worker Protection Act 2023

The Worker Protection (Amendment of Equality Act 2010) Act 2023 represents a significant step towards enhancing workplace safety by safeguarding employees from sexual harassment. However, despite these legal protections, many victims may still be reluctant to report incidents due to fear of retaliation or not being believed. This article provides guidance on how UK businesses can encourage victims to speak up while ensuring compliance with the new legislation.

What is the Worker Protection Act 2023?

The Worker Protection Act 2023 amends the Equality Act 2010, placing new legal duties on employers to take proactive steps in preventing sexual harassment. This includes updating workplace policies, providing training, and creating a supportive environment for all employees. The Act came into force on 27th October 2023, with full compliance required by October 2024.

Overcoming Reluctance to Report Sexual Harassment

Victims of sexual harassment may hesitate to report incidents for several reasons, including fear of retaliation, embarrassment, or concerns that they won’t be believed. Here are practical steps businesses can take to encourage victims to speak up:

1.    Create a Supportive and Safe Workplace: Foster a zero-tolerance policy towards sexual harassment, ensuring employees feel safe, respected, and confident in reporting any misconduct.
2.    Confidential Reporting Mechanisms: Implement confidential and anonymous reporting channels, such as hotlines and secure online platforms, ensuring employees know these avenues are available for reporting concerns discreetly.
3.    Visible Leadership Commitment: Ensure that leadership actively supports a harassment-free workplace. Demonstrate this commitment through participation in training, clear communication, and prompt action in response to complaints.
4.    Regular Training and Awareness Campaigns: Offer training sessions that help employees recognise, prevent, and report sexual harassment. This should also include managers, as they play a crucial role in fostering a safe environment and supporting victims.
5.    Clear Investigative Procedures: Develop transparent, fair, and confidential procedures for investigating sexual harassment claims, ensuring timely and appropriate action is taken when incidents are reported.
 

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Practical Steps for Businesses to Ensure Compliance with the Worker Protection Act 2023

To align with the Worker Protection Act 2023 and foster a culture of openness, businesses should consider the following steps:

1.    Understand Legal Requirements
o    Familiarise with the Act: Ensure you understand the legal obligations under the Act, including the duty to take reasonable steps to prevent sexual harassment.
o    Train HR and Management: Provide training for HR and management teams on the new legislative requirements, focusing on practical implementation.

2.    Review and Update Policies
o    Anti-Harassment Policies: Update your anti-harassment policies to reflect the new legal requirements, integrating them with other key policies, such as whistleblowing and disciplinary procedures.
o    Clear Reporting Procedures: Ensure clear processes are in place for reporting, investigating, and resolving complaints of sexual harassment. Ensure the individuals responsible for these processes are adequately trained and supported.

3.    Employee Training and Awareness
o    Ongoing Training: Provide ongoing training for all employees to identify, prevent, and report sexual harassment. Equip managers with the tools to address reports effectively and create a safer environment.
o    Internal Campaigns: Raise awareness through internal communications, posters, and workshops that encourage employees to report concerns and explain the available reporting channels.

4.    Develop Clear Investigative Procedures
o    Investigations Protocols: Establish a well-defined process for investigating reports of harassment. Ensure all investigations are handled promptly, impartially, and confidentially. Review whether external expertise may be required for complex cases.
o    Support for Victims: Provide access to support for victims of harassment throughout the investigation process, including counselling services.

5.    Proactive Measures to Prevent Sexual Harassment
o    Risk Assessments: Regularly conduct risk assessments to identify and mitigate potential harassment risks, especially during higher-risk activities such as work events or business trips.
o    Confidential Reporting Channels: Enhance existing confidential reporting mechanisms, making them easily accessible and well-known to all employees. Ensure employees are aware they can use these channels to report sexual harassment.
o    Employee Support Systems: Ensure support systems are in place, such as access to counselling services or wellbeing support, to help victims of sexual harassment cope with the emotional impact of their experience.

6.    Monitor and Review Workplace Practices
o    Regular Reviews: Periodically review the effectiveness of your policies and procedures, and make adjustments based on feedback, incidents, or changes in the work environment.
o    Employee Feedback: Encourage employees to provide feedback on workplace practices and the effectiveness of anti-harassment measures. This will help identify areas that may need further action.

7.    Ensure Legal Compliance
o    Seek Legal Advice: Consult legal professionals to ensure your workplace policies and practices comply with the new legislative requirements under the Worker Protection Act 2023.
o    Document Compliance Efforts: Maintain thorough records of training, complaints, and actions taken. Documentation will demonstrate your commitment to preventing harassment and may be needed if a case goes to an employment tribunal.

8.    Foster a Positive and Respectful Workplace Culture
o    Lead by Example: Encourage leadership to model respectful behaviour, demonstrating a zero-tolerance stance towards harassment.
o    Promote Inclusivity: Foster a workplace culture of inclusion, respect, and safety where all employees feel valued and empowered to report concerns.
 

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Conclusion: Enhancing Compliance with the Worker Protection Act 2023

The Worker Protection Act 2023 presents an important opportunity for UK businesses to enhance their policies and practices, building safer, more respectful work environments. By proactively addressing sexual harassment, updating anti-harassment policies, and creating effective reporting channels, businesses can meet their legal obligations while promoting a culture of openness, respect, and accountability.

For a more indepth guide to working and remaining compliant with the Worker Protection Act you can view and download our key provision guide. 

Taking these steps will not only ensure compliance with the Worker Protection Act but will also help to protect employees, reduce workplace risks, and build a stronger, more supportive workplace culture.

The Equality Human Rights Commission (EHRC) provide more detail and regualr updates on the legislation along with more guidance on how to become and remain compliant.