The Worker Protection Act 2023 is set to be implemented on 26th October, compelling businesses to comply with new regulations.
- Only a small percentage of companies feel prepared for the pending legislative changes, according to a WorkNest survey.
- A significant portion of employers are just beginning to address these legislative changes, with the deadline fast approaching.
- New powers will allow tribunals to increase compensation if employers fail to prevent sexual harassment incidents.
- Despite changes to the original proposal, the focus on protecting from third-party harassment remains crucial.
With the imminent implementation of the Worker Protection Act 2023 on 26th October, businesses face mounting pressure to adhere to new legal obligations. The Act introduces a mandate for employers to take ‘reasonable steps’ to safeguard employees from sexual harassment. A recent survey by WorkNest reveals alarming statistics: a mere five percent of employers report being well-prepared for these forthcoming changes.
Over a third (36%) of surveyed employers have only recently begun preparations for the new legislation, indicating a significant gap in readiness as the enforcement deadline approaches. Although the Act represents a diluted version of the initial proposal, it grants tribunals authority to elevate sexual harassment compensation by up to 25% if employers fail to take ‘reasonable steps’ to thwart such incidents. Originally, the requirement extended to taking ‘all reasonable steps,’ which has now been moderated to simply ‘reasonable steps.’
In a candid admission, one in ten businesses have acknowledged that substantial efforts are needed to achieve compliance with the upcoming regulations. Equally concerning is that only 0.6% of businesses claim full preparedness for compliance, with nearly 58% stating they still have work to do. Further, a quarter of respondents are aware of necessary actions but have yet to implement initiatives.
WorkNest HR Training Manager and Solicitor, Lorna Gemmell, highlights the potential financial and reputational repercussions for businesses should they fail to address the increased protections. Employers are urged to undertake risk assessments to identify critical areas of exposure and implement measures such as comprehensive employee training and clear, regularly updated policies. Communication with employees on complaint processes and the provision of multiple reporting avenues is imperative.
The original Worker Protection Bill intended to hold employers accountable for safeguarding employees against harassment from third parties, including customers and suppliers. Although this provision was excised during legislative scrutiny, the Equality and Human Rights Commission (EHRC) persists that the duty to prevent harassment by third parties remains paramount. Consequently, the EHRC maintains the authority to enforce compliance, potentially investigating and demanding corrective plans from employers.
Concerns about third-party harassment persist, with 75% of employers expressing ongoing apprehension. Failure to mitigate the risk of harassment from third parties breaches the preventive duty and necessitates a zero-tolerance approach. Businesses might need to consider signage, recorded messages, customer bans, staff safety training, and a robust plan for addressing harassment incidents. Encouraging staff to report infractions and creating clear response strategies are essential.
The level of industry concern for the Worker Protection Act was starkly evident during a recent WorkNest webinar, which saw record attendance. This heightened participation underscores the urgency and anxiety among businesses regarding the impending changes and the drive to mitigate risks associated with non-compliance.
With the Worker Protection Act 2023 on the horizon, businesses must act promptly to ensure compliance and uphold employee safety.
