As a business, understanding regulatory changes can feel daunting, especially because it directly affects how you manage your workforce and includes penalties for non-compliance. With the Worker Protection (Amendment of Equality Act 2010) Act 2024 coming into force on 26 October 2024, the key focus for employers is preventing workplace harassment, particularly sexual harassment, through new proactive and preventative measures.
We have outlined the most important changes and what you, as an employer, you need to consider to ensure compliance and foster a safe workplace culture and avoid significant penalties.
This new legislation introduces a preventative duty, requiring employers to take “reasonable steps” to prevent sexual harassment of workers, including harassment from third parties. Previously, employers were largely held accountable after an incident had occurred, but this new law shifts the focus to preventing incidents from happening in the first place. This anticipatory approach means that you must actively ensure a harassment-free environment or face legal and financial consequences.
One notable update under this law is the increased liability for employers. If an organisation is found not to have taken sufficient steps to prevent harassment, compensation awarded to victims may be increased by up to 25%. This change adds significant weight to the importance of adopting a more proactive stance toward workplace harassment prevention.
Failing to meet the new preventative duty will have significant consequences. If your company is found liable for a harassment claim, and it’s proven that “reasonable steps” were not taken to prevent the incident, the compensation awarded to the employee could be raised by up to 25%. Additionally, regulators such as the Equality and Human Rights Commission (EHRC) will have the authority to take enforcement action, particularly where organisations are shown to repeatedly fail in their duty.
The law doesn’t provide a definitive checklist of “reasonable steps,” as these can vary depending on the size and type of your business. For example, a small business might implement different steps than a large corporation, but regardless of company size, what matters is the intent and effort made to prevent harassment. Having simple anonymous reporting app and portal in place, surveys and reviewing your policies and ensuring they are actively followed will go a long way toward demonstrating compliance.
WalkSafe with its leading personal safety technology and Mite as the leading security and safety company in the UK, have combined capabilities to deliver the complete package and Workers Protection solution for you to implement in your business.
In the case of a harassment claim, our process and app will enable you to demonstrate “reasonable steps” were taken to prevent the incident, avoiding significant consequences. Our experts will help to ensure you do not fail to meet the new preventative duty detailed in the law. There are however, many more benefits associated with implementing the WalkSafe WPA solution.
Mite has leading WPA expert Paul Furnell who can conduct a gap analysis in your current processes, procedures, training and reporting. WalkSafe have their award-winning app technology making implementation simple and easy for employees to use and access – so you can continue getting on with your core business knowing their safety and wellbeing is covered.
However, compliance leads to many other benefits including enhanced productivity, reduced costs and stronger reputation in the marketplace assisting your organisation as being seen as employer of choice in the talent market.
WalkSafe Pro is an app that you can provide to all your employees allowing wellness surveys and harassment reporting required by new legislation, plus Mitie’s Safer Communities package giving you expert risk assessments, e-training, policies and procedures with Mitie’s intelligence unit to help businesses execute their responsibilities – reliably 24/7
