The implementation of the Worker Protection Act 2023 is imminent, yet most businesses are unprepared.
- Employers must comply with a new duty to take reasonable steps to protect employees from sexual harassment.
- A survey indicated only five percent of businesses feel well-prepared for the upcoming legislative changes.
- Employers failing to take reasonable steps could face increased compensation penalties by up to 25 percent.
- The protection from third-party harassment remains a critical area despite its removal from the original Bill.
The Worker Protection Act 2023, set to be implemented on October 26, mandates that employers take reasonable steps to protect their employees from sexual harassment. Despite this impending deadline, a survey by WorkNest reveals a startling lack of preparedness among businesses. Only five percent of surveyed employers feel adequately ready, highlighting a significant gap in compliance efforts.
Employers are required to adjust their protocols to align with the new legislative measures, which specify that tribunals may increase compensation for harassment by up to 25 percent if reasonable preventive steps are not taken. The original legislation proposed that organizations take all reasonable steps, but this requirement was moderated during the legislative process. With the deadline looming, a lack of preparation could result in severe financial and reputational repercussions.
A substantial portion of businesses are currently in the preliminary stages of preparation, with 36 percent acknowledging the upcoming changes but only starting to make adjustments. Alarmingly, ten percent of businesses admit needing to undertake substantial work to meet compliance. Moreover, a mere 0.6 percent of employers claim full readiness, revealing widespread unpreparedness among organizations.
Approximately 58 percent of businesses recognize the necessity of further actions to comply, while 26 percent are aware of the requirements but have yet to implement any changes. The findings suggest an urgent need for proactive measures, such as conducting risk assessments, providing regular employee training, and establishing clear and updated policies for reporting and addressing harassment.
Lorna Gemmell of WorkNest underscores the risks associated with non-compliance, advising businesses to implement measures that protect employees and demonstrate their commitment to workplace safety. In addition to identifying risks and ensuring policy communication, organizations should offer diverse complaint mechanisms and engage in consistent employee education.
The issue of third-party harassment, although excluded from the final version of the Bill, remains pertinent. According to EHRC draft technical guidance, the obligation to prevent harassment extends to interactions with third parties such as customers and clients. Seventy-five percent of employers express concern over third-party harassment, underscoring the necessity for a zero-tolerance approach and proactive strategies to mitigate such risks.
Inaction on the Worker Protection Act’s requirements could result in significant consequences, necessitating urgent attention from employers.
