The Worker Protection Act 2024 comes into force on October 26, 2024, and employers in Great Britain have specific items they must do to meet requirements of the law.  Given the issues arising from the #MeToo and other movements, this law was passed with the intention to keep the workplace as a safe environment for all. 

The law requires that employers inventory their workplaces and identify areas/situations where sexual harassment could arise.  Once done, they must have a plan in place to take "reasonable steps" to prevent the situation from arising.  Previously, workers had to make a complaint if they experienced sexual harassment.  However, a survey of 2,000 employees by Personio found that one in ten employees have witnessed or experienced sexual harassment at work but only half of them reported it.  Another poll by TUC poll found 52% of women aged 18 to 34 said they had experienced harassment from a third party while at work.

This approach under the law is to take the burden off the employees and place it on the employers, who should be taking preventive measures.  The new requirements apply to all employers from one or more employees.  Employer size will be taken into consideration as to degree of responsibilities.  The larger the employer the higher the expectations.

There is no claim for employers who fail to take preventive measures, but there will be increased damages if sexual harassment occurs and could have been prevented.  Employers who fail to take reasonable steps to prevent sexual harassment could face an increase of up to 25% in any compensation awarded to the claimant.

To review requirements, extensive technical guidance and the 8 step guide for prevention were released.  Further, the Equality and Human Rights Commission (EHRC) will take an active role in enforcing compliance, including investigating cases where employers are suspected of not fulfilling their duties. The EHRC could impose sanctions on employers who fail to do so.

Therefore, to comply with the law, employers must actively take steps to prevent sexual harassments.  Each employer is different, and there is no one size fits all for compliance.  However, Herrington Carmichael Solicitors recommend the following:

1. Assess audit risks: Employers will need to carry out a detailed risk assessment to identify issues particular to their organization be it from employees or managers or from customers and suppliers.
2. Engage staff: Employers will have to consider whether regular 1-2-1s and running staff surveys and exit interviews alongside having an open-door policy will be effective preventive measures.
3. Update policies: Make sure the policies are clear and identify who to report complaints and incidents to.
4. Train managers and employees: As in the United States, training of all employees will be essential to prevention, especially for managers to understand what their role and responsibility is with regard to sexual harassment complaints.
5. Take action when a complaint is lodged: Managers and HR should take immediate action when a complaint is lodged by conducting an investigation. 
6. Reinforce the messaging: Leaders of the organization need to reinforce the messaging and commit to having a harassment free workplace.  Although the law is specific to sexual harassment, a total commitment to any form of harassment will buttress their commitment.

Although in the United States the steps are common practice, lack of implementation is generally what gets employers in trouble. Regardless of the country the business operates, taking commonsense proactive steps not only reduces the risk of liability, but commitment to it also enhances the employer brand.

Source: Herrington Carmichael  Solicitors 10/7/24, Personnel Today 9/26/24