The Implications of the Worker Protection Act 2024 for UK HR Professionals

In the ever-evolving world of employment law, the case of Mohamed Al Fayed, the former Harrods owner, making headlines with allegations of sexual harassment, serves as a stark reminder of the potential risks businesses face if they do not actively combat workplace harassment. His case echoes the new responsibilities that the UK’s Worker Protection Act 2024 places on employers to protect employees from sexual harassment and prevent it before it occurs.

As HR professionals, it’s crucial we understand the legal changes that took effect on 26 October 2024 and implement strategies that ensure compliance. The Worker Protection Act introduced a new preventative duty, adding to the existing protections in the Equality Act 2010. With the new regulations in place, employers must take proactive measures to safeguard employees and third parties from sexual harassment or risk enforcement action from the Equality and Human Rights Commission (EHRC).

Enhancing Workplace Protection WITH THE Worker Protection Act 2024

The Equality Act 2010 already protects against sexual harassment, defining it under Section 26(2) as unwanted conduct of a sexual nature that either violates a person’s dignity or creates an intimidating, hostile, or offensive environment. It also protects workers from being treated unfavourably for rejecting or submitting to such conduct.

However, concerns that these protections were insufficient have led to the introduction of the Worker Protection Act. This new law takes things further by placing a positive duty on employers to take reasonable steps to prevent sexual harassment from occurring in the first place—whether the harassment involves employees or third parties, such as clients, contractors, or visitors.

Previously, organisations could avoid liability for sexual harassment claims if they could demonstrate that they had taken reasonable steps to prevent the conduct. However, it is now up to businesses themselves to do more than react to incidents that occur, going that step further and actively mitigating the risk of sexual harassment occurring.

Key Responsibilities Under the Worker Protection Act 2024

As of October 2024, employers now face heightened scrutiny regarding their efforts to prevent sexual harassment in the workplace. Failure to meet the new requirements may lead to action from the EHRC, including investigations, enforcement notices, and legal agreements mandating future compliance.

The most significant change is that employers will be held accountable for harassment by third parties as well as employees. This requires a more comprehensive approach to managing risks.

Here are some steps you can take to achieve compliance:

1. Develop a Robust Sexual Harassment Policy- It’s essential that you create a clear sexual harassment policy. This will outline to your team what constitutes unacceptable behaviour, how employees can report concerns, and the process for addressing complaints. This policy should be easy to access, well-communicated, and regularly updated to reflect the latest legal requirements.
2. Link Relevant Policies- Sexual harassment doesn’t happen in isolation, so it’s essential to integrate the sexual harassment policy with other relevant policies. These might include policies covering IT use or even business travel where additional risks might occur.
3. Provide Ongoing Training-Regular training on sexual harassment prevention is critical for your team, from entry-level employees to senior management. It’s important that everyone receives the same level of training. This can help employees to recognise inappropriate behaviour, understand their rights, and know how to protect themselves and others. It should also instil a clear understanding of the organisation’s zero-tolerance approach.
4. Communicate a Zero-Tolerance Policy- It needs to be unequivocally clear across your organisation and within your teams that sexual harassment will not be tolerated. This message should be communicated not just to employees but to everyone associated with the business, including contractors and visitors. Consider posting notices in shared spaces to reinforce this message.
5. Establish a Confidential Reporting Mechanism- Creating a secure and supportive environment for employees to raise concerns is crucial. Implementing an independent whistleblowing service can significantly strengthen this effort by ensuring greater impartiality and confidentiality. With an external party managing the process, potential conflicts of interest are minimised, as internal staff are not involved in the investigation. This approach enhances employee trust in the reporting system, ultimately promoting more transparent and honest disclosures of misconduct.

Act now to ensure compliance & prevent liability

With the Worker Protection Act in force, it’s essential that you ensure your organisation is taking the necessary steps to protect employees and third parties from sexual harassment. If an employer is found liable for sexual harassment, and it is determined that they failed in their preventative duty, compensation to the affected employee could be increased by up to 25%. By acting now, you can foster a safer, more respectful workplace culture to position ourselves as proactive custodians of workplace well-being and compliance, protecting both your employees and your organisation.

If you have any queries about how to ensure compliance and prevent liability please do not hesitate to get in contact with Julie Hirst, or your usual People team contact.