The introduction of the Worker Protection Act brings new responsibilities for all employers.
- Businesses are urged to complete risk assessments to prevent workplace sexual harassment.
- The Act applies to diverse settings, beyond traditional office environments.
- Victoria Templeton emphasises understanding business-specific risks is key.
- Practical steps have been proposed to help businesses comply with the new duty.
The Worker Protection Act, effective from Saturday, 26th October, imposes a duty on employers to take reasonable steps to prevent sexual harassment in the workplace. Businesses are encouraged to conduct comprehensive risk assessments to identify potential risks and develop strategies to mitigate them.
Importantly, this legislation extends beyond typical office settings to all situations related to work, such as conferences, training sessions, exhibitions, and social gatherings including Christmas parties. This highlights the need for businesses to evaluate risks associated with various settings where their employees are present.
Victoria Templeton, Knowledge Manager at a Kettering-based HR firm, emphasises the importance of recognising unique risks associated with each business. She states, “The key to effectively preventing this type of unacceptable behaviour is in understanding the risks associated with your business. Without knowing what the risks are, how can the business know what reasonable steps are needed to comply with the new prevention duty?”
To assist employers, a new risk assessment tool and action plan have been developed, encouraging businesses to scrutinise multiple facets of their operations. This includes examining workforce demographics, identifying vulnerable employees, reviewing company policies and training, considering the management structure, assessing working environments, and addressing existing complaints procedures.
Employers are reminded that, while the focus is on sexual harassment, it is crucial to maintain a work environment free from all forms of harassment. This includes protection against harassment based on characteristics such as age, disability, gender reassignment, marital status, pregnancy, race, religion, sex, or sexual orientation.
Practical advice for compliance with the new law includes developing a robust Bullying and Harassment policy, engaging staff in policy development, and conducting regular assessments to minimise workplace risk. Additionally, businesses should ensure there are clear, effective procedures for reporting and handling harassment complaints.
Victoria Templeton also highlights the significance of ongoing training specific to each business’s context, along with establishing protocols to handle third-party harassment. Regular monitoring and evaluation of workplace practices are essential to remain compliant and avoid potential tribunal claims.
The implementation of the Worker Protection Act marks a significant shift in workplace management, necessitating proactive risk assessment and strategic planning by businesses.
