Navigating the Worker Protection Act 2023: Encouraging Victims of Sexual Harassment to Speak Up
The introduction of the Worker Protection (Amendment of Equality Act 2010) Act 2023 marks a significant step forward in safeguarding employees from sexual harassment in the workplace. However, despite these legal protections, many victims of sexual harassment may still feel reluctant to report their experiences. In this article, we’ll provide practical advice and guidance on how businesses can encourage victims to speak up and navigate the new requirements effectively.
Understanding the Worker Protection Act 2023
The Worker Protection Act 2023 amends the Equality Act 2010, introducing new legal duties for employers to take proactive steps to prevent sexual harassment. This includes implementing policies, providing training, and ensuring a safe environment for all employees. The Act came into force on 27th October 2023, and businesses must comply with these new obligations by October 2024.
Overcoming Reluctance to Report
Many victims of sexual harassment may hesitate to come forward due to fear of retaliation, embarrassment, or not being believed. Here are some practical steps businesses can take to encourage victims to speak up:
- Create a Supportive Environment: Foster a workplace culture where employees feel safe and supported. This includes having a zero-tolerance policy towards harassment and ensuring that all employees are aware of it.
- Confidential Reporting Channels: Implement confidential and anonymous reporting mechanisms, such as hotlines and online platforms. Ensure employees know these channels are available and their reports will be handled discreetly.
- Visible Commitment from Leadership: Leaders should visibly commit to addressing harassment and supporting victims. This can be demonstrated through regular communications, participation in training sessions, and prompt action on reported cases.
- Training and Awareness: Provide regular training for employees and managers on recognising and preventing harassment. Training should be engaging and accessible, ensuring that all employees are aware of their rights and responsibilities and know how to speak up about any concerns they have.
- Clear Investigative Procedures: Establish clear procedures for investigating reports of harassment. Investigations should be conducted promptly, fairly, and confidentially, with appropriate actions taken based on the findings.
Practical Steps for Businesses
To comply with the Worker Protection Act 2023 and support a culture where employees speak up, businesses should consider the following practical steps:
1. Understand the Requirements
- Familiarise Yourself: Thoroughly understand the obligations under the Act, including the duty to take reasonable steps to prevent sexual harassment.
- Training: Ensure that HR and management teams are well-versed in the new requirements and understand how to implement them.
2. Review and Update Policies and Procedures
- Anti-Harassment Policies: Review and update your anti-harassment policies to reflect the new legal requirements. Consider how anti-harassment policies work with other policies in your organisation such as the whistleblowing policy or disciplinary policy.
- Clear Procedures: Establish clear procedures for reporting and handling complaints of sexual harassment. Make sure that individuals with key responsibilities are confident in their role and have the skills and knowledge needed.
3. Training and Awareness
- Regular Training: Provide regular training sessions for all employees on recognising, preventing, and reporting sexual harassment. Managers have a crucial part to play in fostering a safe environment. Training managers to identify and prevent sexual harassment, as well as how to support victims, take action on reports, and promote ‘speaking up’ within their teams are key steps organisations can take in preventing sexual harassment.
- Awareness Campaigns: Promote awareness through internal communications, posters, and workshops. Make sure information about how to report concerns is easily accessible to all employees, for example on the company website.
4. Investigative Procedures:
- Clear Procedures: Establish clear procedures for investigating reports of harassment and other misconduct. Investigations should be conducted promptly, fairly, and confidentially, with appropriate actions taken based on the findings. Consider if there are the resources and expertise internally to investigate reports of sexual harassment or whether training or external support is needed.
5. Proactive Measures
- Risk Assessments: Conduct regular risk assessments to identify and mitigate potential harassment risks in the workplace. Think about higher-risk activities that may occur during work such as office parties or business trips and take steps to manage the risks.
- Reporting Channels: Implement or enhance confidential reporting channels, such as hotlines and online platforms. Reporting channels should be easy to use and accessible to all employees, ensuring that they can report concerns safely and anonymously, if needed. Many organisations already have confidential reporting channels in place for whistleblowers to report misconduct in the workplace. Employees may not be aware that they can also use confidential hotlines and online channels to report sexual harassment so it would be worthwhile raising awareness through internal communication.
- Support Systems: Speaking up about sexual harassment can be stressful and upsetting for victims and witnesses. Set up support systems, such as access to counselling services. Make sure to communicate the support available to employees so that they know the organisation cares about their wellbeing and will take their report seriously.
6. Monitor and Review
- Regular Reviews: Periodically review the effectiveness of your policies and procedures. Make adjustments as needed based on feedback and incidents. Having a system to review reports of sexual harassment or misconduct will help organisations identify areas where further action is needed.
- Employee Feedback: Encourage and act on feedback from employees about the workplace environment and the effectiveness of anti-harassment measures. Regular surveys, forums, and focus groups will help leaders identify what is working well and where anti-harassment measures could be strengthened.
7. Legislation and Legal Compliance
- Seek Legal Advice: Consult with legal experts to ensure that your policies and practices comply with the new legislation.
- Documentation: Keep thorough records of all training, complaints, and actions taken to demonstrate compliance. Remember that if a sexual harassment report was to end in an employment tribunal, organisations would need to demonstrate they had taken reasonable steps to prevent sexual harassment in the workplace.
8. Foster a Positive Culture
- Lead by Example: Ensure that leadership models respectful behaviour and a zero-tolerance stance on harassment.
- Inclusive Environment: Promote an inclusive and respectful workplace culture where all employees feel safe and valued.
Workers Protection Act: Conclusion
The Worker Protection Act 2023 presents an opportunity for businesses to enhance their workplace practices and support existing policies such as those related to whistleblowing. By taking proactive steps to comply with the new legislation, businesses can create a safer and more respectful environment for their employees.