UK WORKERS PROTECTION ACT 2024

Are You Ready for the New Sexual Harassment Prevention Duty?

We're six weeks away from a game-changing shift in employer responsibilities. The UK Workers Protection Act puts a positive requires employers to comply with a new duty to take 'reasonable steps' to prevent sexual harassment of employees: i.e. it’s become a positive obligation. Employers should ensure they are reviewing and refreshing their harassment policies and reporting procedures, conducting regular training sessions with employees and taking any harassment complaints seriously. Simply having policies and training in place will not be enough. Even if they're on your intranet and accessible to employees, you're still exposed to risk.

It's crucial to understand that policies alone, even if accessible on your intranet, will not suffice. To truly mitigate risk and foster a safe workplace, we must bring these policies to life through effective training.

However, be warned: a perfunctory training session that doesn't address known workplace issues won't meet the standard. At a minimum, your training should ensure employees:

Clearly understand what constitutes harassment
Know the expected workplace behaviour, including at work-related events and in online communications
Can navigate 'grey' areas such as banter
Understand the proper response if they experience or witness harassment
Know how to handle reported harassment
Are aware of the consequences of committing harassment

The key to effective training lies in customisation. The more you can align your training with your specific operational context, the better. For instance, tech companies like Google are utilising interactive e-learning tools to illustrate harassment in virtual spaces. Professional services firms are addressing power dynamics in their hierarchical structures.

Consider the Tesfagiorgis v Aspinalls Club case as a cautionary tale. Their 'all reasonable steps' defence failed because their training wasn't tailored to the business's specific harassment risk points.

If relevant, include guidance on third-party harassment. Provide clear, workplace-specific scenarios and advice on handling potential issues. For retail environments, this might include strategies for managing difficult customers and accessing support.

The impending change presents both a challenge and an opportunity to strengthen your organizational culture. By implementing comprehensive, tailored training, you're not just meeting a legal requirement – you're fostering a safer, more respectful workplace for all.

Are your current strategies sufficiently robust to meet this new standard? The time to act is now.