This resource is based on a Beacon meeting held at National Grid in November 2024. Maya Badham from Rise for Change, a CPD accredited domestic abuse training programme delivered by Hope After Harm, explained what the Worker Protection Act means for employers and how it can intersect with a workplace domestic abuse response. Our Beacons shared some key insights and we welcome the input of other employers to carry this conversation forward.
The Worker Protection Act 2023
The Worker Protection Act 2023 came into force on 26 October 2024. The Act introduces a new legal duty on UK employers to take reasonable steps to prevent sexual harassment of their workers (the “preventative duty”). Previously there was no proactive legal obligation on employers to take steps to prevent sexual harassment at work.
The Act amends existing legislation, the Equality Act 2010, which defines sexual harassment as “unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity and/or creating an intimidating, hostile, degrading, humiliating, or offensive environment”. Crucially, the word “effect” means that irrespective of intent, where there is the necessary effect, a claim can be brought by the person directly targeted or by someone who has witnessed the sexual harassment. Employers are also responsible for preventing harassment by third parties, such as clients or customers.
The Act changes the duty of an employer dealing with sexual harassment from redress to prevention. The Act includes the ability for employment tribunals to increase the compensation payable in sexual harassment claims by up to 25% where an employer is found to have breached this new duty to prevent harassment. In addition, the Equality and Human Rights Commission (EHRC) can take enforcement action where there is evidence of an organisation failing to take reasonable steps to prevent sexual harassment.
It should be noted that the Employment Rights Bill, currently being considered in Parliament, includes a provision to increase the duty on employers, including by requiring them to take “all” reasonable steps to prevent sexual harassment.
It was also noted that the All-Party Parliamentary Committee (APPG) for Domestic Violence and Abuse is reviewing the progress made in workplace responses to domestic abuse. The APPG considers that the Employment Rights Bill provides an opportunity to improve the support for survivors of domestic abuse in the workplace. EIDA were recently asked to provide evidence to the APPG and proposed that Parliament add weight to the existing statutory guidance accompanying the Domestic Abuse Act 2021 by amending the Employment Rights Bill to include a statutory obligation for all employers to take reasonable steps to support their employees impacted by domestic abuse. Creating a legal obligation on employers to develop an effective domestic abuse response would make the employer response across the country more consistent and would give employees greater confidence to approach their employers for support. Women’s Aid also provided evidence to the APPG and proposed the introduction of statutory paid safe leave.
Prevalence of sexual harassment in the workplace
- 3 in 5 women have experienced sexual harassment at work.[1]
- Nearly 2 in 3 of these women are aged 25-34.[2]
- 7 in 10 disabled women have experienced sexual harassment at work.[3]
- Nearly 7 in 10 members of those who identify as LGBT+ have experienced sexual harassment at work.[4]
- 2% of men experienced some form of harassment with 2.7% reporting sexual harassment.[5]
- Less than 1 in 3 felt able to report the harassment to their employer.[6]
Beacon insights and discussion
- The ECHR has published updated workplace sexual harassment guidance for employers with recommended actions, as well as an eight step guide for employers on preventing sexual harassment at work.
- For sexual harassment, the new legislation establishes a legal duty for employers to prevent sexual harassment. In relation to domestic abuse, statutory guidance accompanying the Domestic Abuse Act 2021 makes clear that employers have a duty of care to their employees and that they should consider the impact of domestic abuse on their employees as part of that duty of care. There will be cases which amount to sexual harassment and domestic abuse (for example where the perpetrator and victim-survivor work in the same place) where employers will need to consider their responsibilities in the round.
- There will be many practical ways in which an employer’s actions to prevent sexual harassment at work and to support those impacted by domestic abuse will follow a similar path. There is the need to develop an effective policy, raising awareness of what amounts to sexual harassment and domestic abuse, training people how to spot the signs, how to respond and to refer to expert support, how to handle complaints, as well as monitoring and evaluating the effectiveness of what is put in place.
- The group considered an employer’s obligations when incidents cross a criminal threshold. If employers fail to report such incidents to the police, they may be required to explain why that decision was made. This may have additional implications for regulated sectors.
- Employers should provide avenues for anonymous reporting. This was considered to be particularly important for cases when the alleged perpetrator is a senior employee, which may discourage victims from coming forward in fear of repercussions. Anonymous reporting may provide better intelligence and a central reporting point can help employers identify cases where multiple complaints are made about an individual by different people.
- Training on managing workplace sexual harassment (and domestic abuse) must be provided as part of workplace inductions across all levels of an organisation and repeated regularly.
- The potential for problematic behaviours to be flagged in references for future employer should perpetrators move organisations was raised.
- For both domestic abuse and sexual harassment workplace responses, centring insights of those with lived experience will make the response more robust.
[1] Trades Union Congress 2023.
[2] Ibid.
[3] Trades Union Congress 2021.
[4] Trades Union Congress 2019.
