Key Changes in the Worker Protection Act
19th November 2024
This new legislation came into force on 26 October 2024. The key focus is for employers in preventing workplace harassment, particularly sexual harassment, through proactive and preventative measures.
We have outlined the most important changes and what you as an employer need to consider to ensure compliance and foster a safe workplace culture. It is important to note that this new legislation (now in force) introduces a preventative duty requiring employers to take “reasonable steps” to prevent sexual harassment of workers, including harassment from third parties.
Previously employers were largely held accountable after an incident had occurred, but this new law shifts the focus to “preventing” incidents from happening in the first place.
This approach means that you must actively ensure a harassment free environment or face legal and financial consequences.
If an organisation is found not to have taken sufficient steps to prevent harassment, compensation awarded to victims may be increased by up to 25% which adds significant weight to the importance of adopting a more pro-active stance towards workplace harassment prevention.
Steps To Ensure Compliance
- Update and communicate policies – Having a robust anti-harassment policy in place is the first step but it is not enough to simply have one tucked away in your employee handbook. This new law expects businesses to ensure these polices are widely communicated and understood across all levels of the organisation which includes third party assessments. For example, does your business involve staff working in isolated locations or on one to one with clients? Each of these scenarios could present heightened risks.
- Make sure that your assessment is thorough and that mitigation steps are clear and actionable.
- Training and awareness – training is an essential cornerstone of compliance. Both employees and managers should receive training on what constitutes sexual harassment and the correct process for reporting it. The training must be ongoing and part of your broader effort to maintain a respectful workplace culture. Additionally, training your leadership team on how to handle complaints is crucial as they will often be the first point of contact when issues arise.
- Leadership involvement – Creating a culture of zero tolerance for harassment requires strong leadership. The management team should lead by example and ensure that the company’s stance on harassment is clear. Cultural direction from leadership will help embed the necessary behaviours and attitudes into every operations.
- Feedback and monitoring – Even with policies and training in place monitoring the effectiveness of these measures is essential. Companies should consider implementing anonymous reporting channels for employees to feel safe in raising concerns. They should also conduct regular reviews and gather feedback through exit interviews or employee surveys. This continuous loop of feedback will help to ensure that you are staying proactive rather than reactive.
Moving Forward
Ensuring compliance with this new Worker Protection Act isn’t just about avoiding penalties – it is about fostering a safe, inclusive and positive work environment for all your employees. By updating policies, conducting risk assessments and providing regular training you will not only meet your legal obligation but also enhance employee morale and retention.
For further Employment Law advice, please do not hesitate to contact our experienced team. We provide Employment Law services for both Employers and Employees.
Article written by Chartered Legal Executive in our Employment team, Norman Rea