EHRC Releases Guidance on the Worker Protection Act
Author: Chris Aldridge
Key Contact: Chris Aldridge
The Equality and Human Rights Commission (EHRC) has recently released updated guidance following the introduction of a new preventative duty on employers to stop sexual harassment in the workplace. This duty, coming into effect on 26 October 2024, forms part of the Worker Protection Act and imposes a proactive obligation on employers to take “reasonable steps” to prevent sexual harassment before it occurs, rather than responding reactively after an incident. The guidance sets out clear expectations for employers on how to comply with the new duty, focusing on creating safer workplace environments.
Key highlights from the EHRC’s guidance include the following:
- Anticipatory Duty: Employers must act proactively by identifying risks of sexual harassment and implementing preventative measures. This includes taking steps before incidents arise and ensuring workplace culture does not foster harassment.
- Reasonable Steps: What counts as “reasonable” varies based on the employer’s size, sector, and resources. Employers must conduct thorough risk assessments and put in place appropriate safeguards, such as training programs, reporting mechanisms, and regularly reviewing policies.
- Third-Party Harassment: The guidance emphasises that employers are also responsible for preventing harassment by third parties, such as clients or customers. Employers must take reasonable measures to protect staff from external parties.
- Enforcement and Penalties: Failure to comply with the duty could lead to enforcement action by the EHRC, and employment tribunals may increase compensation awards by up to 25% where an employer has breached the duty to prevent harassment.
Checklist for Employers to Prepare:
- Update Anti-Harassment Policies: Ensure your workplace harassment policy is comprehensive, covers sexual harassment, and includes provisions on third-party harassment. Communicate these policies clearly to all employees and third parties.
- Conduct a Risk Assessment: Identify potential areas of risk for sexual harassment in your workplace (e.g., gender imbalances, isolated work environments). Review current practices and consider changes needed to mitigate these risks.
- Implement Reporting Mechanisms: Set up systems for employees to report sexual harassment, including anonymous channels. Keep records of all incidents to track trends and assess ongoing risk.
- Training: Provide training for all staff, including managers, on recognizing and handling sexual harassment. Regular refresher training should also be scheduled to ensure continued awareness.
- Review and Monitor: Continuously monitor the effectiveness of your preventative measures. Conduct regular surveys, risk reviews, and update your policies as necessary.
- Prepare for EHRC Oversight: Be prepared for potential investigations and enforcement by the EHRC, particularly if complaints are made. Ensure that action plans and responses to incidents are well-documented and align with best practices.
By acting on this guidance, employers can ensure compliance with the new legal requirements and create a workplace that fosters respect and safety for all employees.
We will be rolling out a series of training and workshops for our clients to help them prepare for these new changes, if you have any questions, please get in touch.