Concern about sexual harassment in the workplace has increased in recent years, supercharged by momentum flowing from the #MeToo movement. Australia, Romania, France and Denmark have all enacted measures to address the issue. The UK’s Worker Protection Act (WPA) 2023, effective from 26 October 2024, joins this global trend.
The WPA amends the Equality Act 2010 to establish employers’ legal duty to prevent the sexual harassment of their employees. It is no longer sufficient to respond to complaints and incidents of sexual harassment after they have occurred. Instead, the Equality and Human Rights Commission (“EHRC”) can take enforcement action where there is evidence of organisations failing to take reasonable steps to prevent sexual harassment. In addition, employment tribunals now have the power to uplift sexual harassment compensation by up to 25% where an employer is found to have breached their preventative duty.
Companies can comply with the WPA and similar laws in several ways, and various committees have released advice on how to do so. The Equality and Human Rights Commission has provided guidance on preventing sexual harassment in the workplace, with prevention methods including robust policies, staff engagement through training and workshops, reporting systems, risk assessments, and the addressing of third-party misconduct.
Understanding your preventative duty
A robust prevention strategy requires a comprehensive, multi-faceted approach which is tailored to the unique characteristics of each organisation. Employers must proactively identify and address the risk factors unique to their environment. For example, a high-stress on-site setting can increase the likelihood of incidents of sexual harassment. Client and customer-facing roles have increased exposure to third-party harassment, whilst remote work environments carry unique risks, such as virtual harassment and underreporting due to isolation.
Prevention also involves fostering an open culture where employees feel supported in raising concerns. Secure and effective whistleblowing channels are a critical component of harassment prevention strategies. These channels must prioritise anonymity and independence to handle reports professionally and without bias. Confidentiality in disseminating reports to internal stakeholders is equally important, as it helps maintains trust in the reporting process.
Taking a dual approach: preventative and responsive measures
What happens when an incident does occur? Sexual harassment investigations differ from financial or other types of investigations and demand both sensitivity and rigour, often with additional cultural considerations, language and other access requirements to navigate.
Sexual harassment cases are complex and often have minimal evidence. Investigators rely on interviews and accounts of individuals, either witnesses or the complainants themselves. Engaging independent investigative professionals ensures objectivity and expertise in handling these highly sensitive cases and helps maintain workplace harmony and potential discomfort for employees post-investigation.
Not just a compliance hoop to jump through
The WPA is more than just a legal and compliance hoop to jump through; it is an opportunity for organizations to take meaningful steps toward an inclusive, respectful, and accountable workplace. In doing so, employees can feel respected and cared for at work, contributing to improved well-being and increased productivity.
Find out more about how we can help you investigate, remediate, and prevent workplace misconduct here.