A new survey highlights the urgent need for businesses to prepare for the forthcoming Worker Protection Act 2023, with compliance becoming mandatory on 26th October.
- Only 5% of employers are ready for the new regulations, which require proactive steps against workplace sexual harassment.
- 36% of businesses acknowledge the Act but are still in early preparation phases.
- Tribunals may increase compensation for non-compliance by up to 25%, stressing the importance of immediate action.
- The removal of third-party protection in the bill still leaves concerns regarding harassment by clients and suppliers.
The forthcoming Worker Protection Act 2023 mandates that businesses take ‘reasonable steps’ to shield employees from sexual harassment. However, alarming survey results from WorkNest reveal that only a small fraction of businesses—five percent—are fully prepared for these imminent changes.
Employers are required to undertake significant preparations to comply with the legislation, set to be enforced from 26th October. Despite the urgency, just over a third of respondents are still in the initial stages of preparation, suggesting a widespread lack of readiness.
The Act has evolved from its original proposal, where businesses were obligated to take ‘all reasonable steps’. This has now been relaxed to ‘reasonable steps’. Notably, tribunals hold the authority to escalate compensation for sexual harassment by up to 25% if it is determined that an employer failed to act appropriately.
Surveyed employers disclosed concerning insights, with only 0.6% reporting full preparedness and 10% admitting substantial compliance work remains. A significant number of respondents, approximately 58%, acknowledged the need for further work, while 26% are yet to execute necessary measures despite recognising the requirements.
Lorna Gemmell, HR Training Manager and Solicitor at WorkNest, emphasised the financial and reputational risks businesses face without compliance. She stressed the need for companies to conduct risk assessments, implement employee training, and maintain clear, updated policies. Employers are advised to provide various reporting options for employees to file harassment complaints.
Although the obligation to protect employees from third-party harassment was removed in the legislative process, the Equality and Human Rights Commission (EHRC) still underscores its significance. Employers are particularly urged to adopt zero-tolerance policies and institute measures to curb such incidents, including training and clear communication strategies.
Concerns about third-party harassment continue to loom large, with 75% of businesses perceiving it as a significant issue. Employers are called to action, adopting proactive measures such as signage, call recording, and personal safety training, to mitigate risks associated with third-party interactions.
Businesses must act swiftly to align with the Worker Protection Act, mitigating the risk of non-compliance and safeguarding employee wellbeing.
