The Worker Protection Act: preventing sexual harassment in the workplace

This October, the Worker Protection Act 2023 will come into force in the UK. An amendment of the 2010 Equality Act, the Worker Protection Act 2023 aims to better protect employees from sexual harassment by prioritising prevention.

Employers in the UK will now have a legal duty to work preventatively — and not retrospectively — to address sexual harassment in the workplace. The Act ensures that employers “must take reasonable steps to prevent sexual harassment of employees in the course of their employment.” This extends to when employees are working outside of their office, and when they are attending social events that are considered an extension of work.

Employers who fail to prevent sexual harassment towards an employee, can also face financial repercussions. If a claim of sexual harassment is upheld, an employee may be awarded up to 25% compensation uplift from the employer.

Preventative measures matter

The preventative focus of the Worker Protection Act is incredibly important. It encourages organisations to ensure that their workplace culture, policies and best practices work for all members of their team and puts the safety of their employees at the forefront.

Despite the positive impact that the Act will have on employees and workplaces, there are some significant limitations which will leave some employees unprotected by this legislation. The Worker Protection Act does not extend to employees that work with third parties – like customers or clients. This means that employers will not be held legally responsible for not preventing harassment from third parties towards their employees. This amendment to the Act, occurred during its passage through the House of Lords.

This amendment is concerning and will have significant implications, given the number of people that work in customer and client facing roles. This concern is further compounded by the fact that a large number of customer-facing roles are zero-hour contracts, leaving an employee vulnerable and potentially unable to report harassment, for fear of losing employment.

White Ribbon UK is campaigning  with the Government to extend the Worker Protection Act to cover those working with third parties and to ensure that more organisations are working to protect employees from harassment by working preventatively.

What does the Worker Protection Act mean for your organisation?

As an employer, you should already be working towards ensuring that your organisation has a positive workplace culture for all employees, as well as policies and procedures to safeguard your staff. The Worker Protection Act means that you also have a legal responsibility to prevent harassment in your organisation.

Although the Act does not come into force until October 2024, it is important that employers take appropriate steps now to ensure that staff are protected against sexual harassment at work. These steps could include:

• looking into your policies and procedures and updating them if they aren’t focused on preventing harassment;

• providing opportunities for staff to upskill and better understand how to be allies to prevent harmful attitudes and behaviours;

• and ensuring that all staff understand that sexism and misogyny are unacceptable.

How White Ribbon UK can support your organisation?

White Ribbon UK works with over 400 private, public and third sector organisations to support positive culture change and prevent men’s violence against women and girls both in the workplace and within the communities where they operate.

Sign-up for White Ribbon Training to ensure that your organisation is able to prevent attitudes and behaviours that lead to harassment by upskilling staff. Our training also helps people to better understand issues related to harassment and how to be allies in preventing harm to women.

White Ribbon UK offers two workplace programmes for organisations who are ready and committed to going further in transforming harmful cultures that perpetuate inequality and violence against women. These programmes facilitate sustainable behaviour and culture change in your organisation, and show your community and staff that you are committed to creating a safer and more equal workplace and society.

For further information on how White Ribbon UK can support your organisation ahead of the enforcement of the Worker Protection Act, please email supporters@whiteribbon.org.uk.