Worker Protection Act 2023
What it means, what's changed, and your responsibilities – how Esoteric can help.
Taking reasonable steps to prevent sexual harassment of employees
The Worker Protection Act 2023 requires organisations to take reasonable steps to prevent sexual harassment of their employees. This means
taking proactive measures aimed at protecting colleagues not only at work, but also when attending training courses, external meetings and work-related social events.
The Worker Protection Act was introduced in October 2024 with no grace period. Organisations need to act now.
What has driven the need for the Worker Protection Act?
A number of factors have resulted in the need for this legislation.
1.) Rising awareness of workplace harassment. The #MeToo movement and other social campaigns highlighted the prevalence of harassment. This has also drawn attention to the limitations of existing UK laws.
2.) Gaps in third-party harassment protection. Before the Act was implemented, employers were not liable for harassment by third parties, such as clients or customers. However, this left colleagues vulnerable, particularly in industries with significant public interaction. The amendment confirms employer responsibility to protect against such incidents.
3.)Cultural shift. Society’s expectations have moved. There is now greater awareness of personal safety and more recognition of the employer’s responsibility to maintain safe and respectful workplaces. The duty to take ‘reasonable steps’ to prevent harassment reflects this expectation.
4.) Public and Parliamentary pressure. Advocacy groups, colleagues and unions highlighted shortcomings in previous protections, influencing lawmakers to strengthen legislation.
5.) Escalating harassment issues. The increase in remote working and changes in workplace dynamics after the Covid-19 pandemic have created new challenges in monitoring and managing harassment.
How is my organisation impacted?
The legislation establishes the legal framework to maintain a secure, fair and supportive working environment that all businesses and organisations must adhere to.
In adhering to the new legislation, organisations benefit too; compliance can bring enhanced productivity, reduced costs and improved reputation to the marketplace. This strengthens organisations’ public image, helping to make them a top preference for exceptional talent when
choosing an employer.
As the Act was implemented without a grace period in October 2024, it is important to act now to become compliant. The impact of the legislation on your organisation is summarised below.
- You must comply with the law. It’s essential to adhere to the legal framework set out in the Workers Protection Act 2023. Failure to do so can result in penalties, fines and further legal repercussions.
- Your organisation must account for colleague wellbeing. The Act aims to safeguard employees’ rights, securing fair treatment, safety and wellbeing in the workplace. Organisations that adhere to these regulations foster a healthy work environment.
- Enhanced reputation. Organisations that comply with the Act and prioritise employee welfare demonstrate strong ethical standards. This helps to build a positive reputation, which can attract and retain top talent through being viewed as an ‘employer of choice’, as well as strengthen customer loyalty
and relationships.
- Increased productivity. By providing a safe, supportive and comfortable working environment, organisations can increase
employee engagement, satisfaction and motivation. This can lead to improved productivity and efficiency. - Reduced employee turnover. Looking after colleague safety and wellbeing can lead to higher levels of job satisfaction and loyalty. In turn this helps reduce employee turnover and corresponding recruitment and training costs.
- Reduced risk of legal disputes. By adhering to the regulations set out in the Worker Protection Act 2023, organisations will significantly reduce the likelihood of employment-related disputes. These can be costly, time consuming and reputationally damaging.
How Esoteric can help
Esoteric is part of Mitie Intelligence Services (MIS). Through consultation, Mitie work’s closely with organisations and businesses to integrate the requirements of the Workers Protection Act and assist with legislative compliance. The consultancy services can be split into a three stage process.
- The first stage is a thorough gap analysis encompassing reviews of policies and procedures, models of practice and colleague skills and knowledge. This gap analysis results in a board level report with findings and recommendations to address the identified gaps.
- The second stage is a risk review, identifying risks that exist within your organisation that may result in non-compliance, and provide actionable recommendations to mitigate or minimise these risks. This will also assess current approach towards risk, particularly how existing practices recognise, record, respond and refer to any safeguarding, vulnerability or potential criminality.
- Finally, our audit process provides the assurance that your organisation remains compliant in the future, in line with changes to the legislation, and is prepared for any potential compliance inspections.
In addition, Esoteric can provide services that assist with the compliance requirements of the WPA, including Voyeurism Risks and Mitigation. More information can be found here.
