The UK is introducing new legislation to tackle sexual harassment at work, compelling employers to take proactive measures. The Worker Protection Act 2023 mandates a positive duty from October 2024.
- 58% of women, notably those aged 25-34, report workplace harassment, with higher rates among LGBT staff.
- Post-October 2024, employers must actively prevent sexual harassment or face increased compensation penalties.
- Currently, employers can defend themselves by showing reasonable preventive measures, but that will no longer suffice.
- Immediate action is urged even before new reforms, with training and updates to policies recommended.
The UK government has crafted legislation poised to pivot employer responsibilities regarding workplace sexual harassment. Commencing in October 2024, the Worker Protection (Amendment of Equality Act) Act 2023 obliges employers to assume a positive duty to prevent such harassment, marking a significant shift from the existing requirement of merely taking ‘all reasonable steps.’
The urgency of this legislative modification is underscored by stark statistics: 58% of women—and an even higher proportion of those aged 25-34—report experiencing sexual harassment in the workplace. Alarmingly, rates are elevated among LGBT employees. The pervasive nature of this issue underscores a glaring need for more stringent protections.
The revised law introduces the potential for a substantial 25% compensation uplift in instances where an employer is found lacking in fulfilling their mandatory duty. However, it stops short of allowing standalone claims for failure to comply. Therefore, successful claims still necessitate an accompanying breach of duty related to protection from harassment, indicating a sector-wide belief that further reforms could be necessary.
Employers are encouraged to act decisively now, rather than await additional legal reforms. The financial implications of potential claims, coupled with the uncapped nature of awards relating to lost future earnings due to harassment, present compelling motivations for immediate pre-emptive measures. Yet, the advantages of a proactive stance extend beyond avoiding litigation.
Promoting a culture devoid of harassment can significantly enhance employee wellbeing and organisational performance. Reports reveal that harassment leads to substantial productivity issues, with a quarter of victims avoiding certain work scenarios and a fifth opting to leave their jobs. Hence, cultivating a work environment that addresses these concerns can bolster morale and retention.
Recommended measures for employers include conducting targeted risk assessments, offering comprehensive training, revising and circulating robustly updated policies, and implementing accessible reporting mechanisms. Regular staff surveys and the training of confidential ambassadors for sensitive discussions are also advocated. With the Equality and Human Rights Commission poised to update its guidance, timely employer action remains critical.
Employers must embrace proactive measures against workplace harassment as a legal and moral obligation to foster healthier work environments.
