If you’ve been keeping an eye on the news lately, you might have heard about a new act that’s coming into force in October: The Worker Protection Act 2023. The act takes a hard stance on sexual harassment in the workplace, forcing employers to take action to address, and importantly, prevent it. So, what do you need to know? What do you need to do as an employee and an employer to comply with the new act? We break it down here.
Introduction to the Workers Protection Act 2023
As mentioned, the Worker Protection Act 2023 aims to tackle sexual harassment in the workplace by expanding the liability of employers, including harassment by third parties like customers or clients, and forces employers to take proactive and reactive action when it comes to harassment in the workplace.
Significantly inspired by the #MeToo movement, the Worker Protection Act builds on previous UK labour laws like The Equality Act 2010 and the Health & Safety at Work Act 1996. It reintroduces protections against third-party harassment that The Equality Act had that were removed, like harassment by customers or clients. It was championed by the Labour Party, which makes sense considering their ongoing promises to improve workers’ lives. No doubt its title is no coincidence since Labour intends to expand the definition of “workers” to include the same rights as “employees”.
Key Provisions of the Act
There are three main aspects of The Workers Protection Act that are the focus of the Act:
- Anti-Harassment Measures: The Act takes a strengthened stance against workplace harassment, focusing on the expansion of employer liability and detailing new requirements for workplace harassment prevention.
- Fair Pay and Conditions: There are also provisions related to fair pay, including enhanced protections for minimum wage workers, and regulations to prevent wage theft or unfair deductions.
- Right to Request Flexible Working: In our post-COVID world, more people are looking for the right to flexible working. The Workers Protection Act doesn’t guarantee flexible working but it does offer the right to ask for flexible working arrangements, and the obligations placed on employers to consider these requests seriously.
Implications for Employers
So, what do you need to do as an employer? Well, the new compliance requirements include updating workplace policies to coincide with the Act. For instance, it mandates that employers must create detailed and effective anti-harassment policies that cover definitions of harassment, reporting procedures and consequences of harassment.
There are also new reporting and record-keeping obligations for employers, including documenting incidents with the nature of the complaint, the parties involved, the steps to investigate the incident and the outcome. However, they must also ensure confidentiality, ensuring the identities of both parties are kept confidential as much as possible. Additionally, there will be regular annual reports to relevant regulatory bodies like the Equality and Human Rights Commission and in certain cases, bigger companies might required to publicly disclose the data on harassment complaints and resolutions.
The Workers Protection Act enforces an expanded scope of employer liability, therefore it’s important for employers to take proactive measures to mitigate risk.
Implications for Employees
The Act strengthens employee protections against unfair treatment, harassment, and wage exploitation, giving workers more confidence in their rights.
Under the Workers Protection Act, employees now have the explicit right to bring legal claims against their employers, whether the incident refers to harassment by colleagues or third-party clients and customers. Additionally, the Act expands the scope of what is considered harassment, including physical, verbal, psychological, and any behaviour that creates an intimidating or hostile work environment. This in turn makes it easier for employees to bring forward claims.
Practical Steps for Employers
So, what are the next steps? The Workers Protection Act 2023 goes into practice in October of this year, so it would be a good idea as an employer, to review and update your workplace policies to ensure compliance with the Act, including harassment prevention and flexible working policies.
As a good second step, it would be smart to put together regular training for management and staff on the new Act and its implications, focussing on what now constitutes harassment, employee rights, and the reporting process.
Additionally, employers might want to consult with solicitors to ensure full compliance with the Act and to receive tailored advice on minimising legal risks.
Conclusion
The Workers Protection Act will be in effect in October 2024 and it’s important that it’s taken seriously by employers. Take a look at our employee rights services to find legal aid on workplace harassment.
