Worker Protection Act 2023

By Andrew Willis
12 Jun 2024

The Worker Protection Act 2023 is due to come into effect in October 2024. This act means that employers have a duty to take reasonable steps to prevent sexual harassment of their employees. 

Tribunals will be given the power to uplift compensation for sexual harassment by up to 25% if an employer is found to have failed this duty. 

The new duty can be enforced by the Equality and Human Rights Commission (EHRC) whose powers include, investigating suspected harassment entering into a binding agreement with the employer to take action and assisting individuals with legal proceedings. A group of people sitting at a table

A group of people sitting at a table

Why do preventative measures matter? 

The new act has a focus on preventative measures that employers need to take into consideration. It encourages business owners to look at their work environment, culture and policies to ensure that their employees remain safe while they are at work.

Where this will have a positive impact on workplaces, employers need to be aware of the limitations that may leave some of their employees unprotected (by the legislation). 

This act doesn’t apply to employee interactions with third parties, which can be customers or business clients. Meaning that employers will not be responsible under the act for preventing

This does raise the issue of many customer-facing employees being on zero-hour contracts, which may leave your employees feeling vulnerable and fearing losing their jobs if they report harassment. 

What does the Worker Protection Act mean to employers? 

As a standard, employers and business owners should be working to create a positive work environment for all their employees. The Worker Protection Act ensures that employers implement measures that prevent harassment

When the act comes into force in October 2024, Employers should start the process now to ensure their employees are protected. This could include taking the following steps: 

  • Assessing internal policies and procedures and making the appropriate amends. 
  • Upskilling staff members to understand and prevent harmful attitudes and behaviours.
  • Ensure that staff are aware that sexism and misogyny aren't tolerated in the workplace (or out of the workplace).

Get expert advice 

If you’re unsure of how to start putting in preventative measures, or how the Worker Protection Act will affect your business, get in touch with one of Croner’s dedicated HR and Employment Law experts to learn more. 

Ensure you're keeping your employee safe, call Croner on 0800 470 2739. 

 

About the Author

Andrew Willis

Andrew Willis is the senior manager of the Litigation and Employment Department and assumes additional responsibility for managing Croner’s office based telephone HR advisory teams, who specialise in employment law, HR and commercial legal advice for small & large organisations across the United Kingdom.

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