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From October 2024, a new law – Worker Protection Act 2023 – means that employers must do more to stop sexual harassment at work.
While employers have always had a duty to protect employees and make sure their workplace is safe, the new rules make it a legal requirement to take proactive steps to prevent harassment.
This guide outlines the key changes, and breaks down what you, as an employer, need to be doing now to stay compliant and create a workplace where everyone feels safe and respected.
Under the updated Worker Protection Act employers have a legal obligation to take reasonable steps to prevent harassment in the workplace with particular focus on sexual harassment.
Failure to comply, creates a hugely increased risk of legal action if a sexual harassment case ever occurs – as employers will effectively be seen as negligent for having failed to prevent the harassment.
This checklist will help you determine your next steps to ensure compliance with new sexual harassment legislation. It covers:
The law now requires employers to take reasonable steps to prevent and address harassment. Here’s what you, as an employer, need to do to comply with the Worker Protection Act 2023.
As an employer, you will need to carry out risk assessments to set out how you’ll prevent sexual harassment and protect employees.
This should consider any past incidents or complaints, any areas in the business where there may be a particular risk of a culture of inappropriate sexual banter or behaviour. Once you’ve identified any risk areas, make a plan for how you’ll address them.
A clear, written anti-harassment policy is an important foundation to preventing harassment and ensuring employees understand what behaviour is unacceptable.
This policy should explain what harassment is, set out the kind of behaviour that’s not acceptable and outline what happens if someone doesn’t abide by the rules – disciplinary action.
Make sure the policy is easily accessible to all employees, ideally in your employee handbook, and that includes clear guidance on how to report concerns, what the investigation process involves and how complaints can be handled.
You could include the plan and actions derived from your Risk assessment in your Policy, so the steps the company commit to take are transparent and accessible to all.
Training raises awareness, helps employees understand what harassment looks like, and what to do if they see or experience it.
Mandatory anti-harassment training should be introduced for all employees and managers and tailored depending on their role.
Leaders and managers need to know how to handle complaints and how to set the right tone from the top. Employees need to know how to report concerns safely and confidentially. Any training given should be refreshed regularly – not just a one-off. See our anti-harassment training courses.
Employees need to know that they can speak up and that they’ll be listened to. But it’s also important to give them a range of ways to do this.
Some people may prefer to speak to their manager directly, while others might want to raise concerns anonymously. If it’s difficult for employees to talk face to face, you need a system in place where they can make complaints or raise issues.
Regular one-on-one meetings between managers and employees can help you pick up on issues in a private and confidential setting. Staff surveys and exit interviews are also a great way to chat openly with employees.
It is important to ensure all employees are aware of the anti-harassment policy and that they feel supported in reporting issues if they arise.
It’s vital that employees feel safe and able to speak up about inappropriate behaviour without fear of retaliation. You should work to create an inclusive work environment where every employee feels valued, and confident to speak up without judgement. Download our Dignity at Work Checklist.
To do this you should implement strategies to promote diversity and inclusion across all levels of the organisation. Leadership and management teams should also be held accountable for setting the tone and example for respectful behaviour.
When complaints are made, you must act quickly and effectively. Delaying action can make things worse for the complainant or lead to legal consequences for you and your business. You might need to investigate the issue formally, suspend someone while the investigation is ongoing, or temporarily move the person who raised the concern to a different team.
Whatever happens, make sure the process is fair, transparent, and confidential. And if harassment is confirmed, take appropriate disciplinary action. including dismissal if necessary to show you take it seriously.
The Worker Protection Act 2023 places even greater responsibility on employers to prevent and address sexual harassment in the workplace. By taking reasonable steps, such as creating a robust anti-harassment policy, providing regular training, fostering a respectful work environment, and acting quickly when issues arise, you can ensure compliance with the law and contribute to a positive, safe, and dignified work environment for all employees.
This can help build a culture where every individual feels valued, supported, and empowered to contribute to a respectful workplace. Ensuring your organisation is taking these necessary steps will help you create a workplace that values respect, safety, and dignity for everyone.
If you need assistance with policy development, risk assessments, or staff training, Reality HR have the expertise to help you every step of the way.
Contact us today to learn how we can support you in meeting these new requirements and building a safer, more compliant workplace.
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