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We Need to Talk About the Worker Protection Act

In October, amendments to the Worker Protection Act (WPA) 2023 will require employers to take ‘reasonable steps’ to prevent sexual harassment in the workplace. This welcome step forward is a unique opportunity for the L&D community to create programs that go beyond compliance, and address the cultural and interpersonal shifts needed to tackle the root causes of sexual harassment and ensure safe, gender equal workplaces for all.

Both HR and L&D professionals, as well as leaders in workplace culture, have a pivotal role to play in ensuring organisations understand this change and how to be compliant. As experts in behaviour, LEXi uses experiential learning to generate healthy debate and affect cultural change. We have been contemplating the key changes introduced by the WPA and what we can do to prepare our organisations for this.

Time for Change

According to a TUC poll from 2023 58% of women have experienced sexual harassment, bullying, or verbal abuse in the workplace. That percentage rises to 62% for women in the 25 to 34 year age group, and shockingly close to half of women (43%) have experienced at least three incidents of sexual harassment. The impact goes beyond personal well-being with studies showing a correlation between sexual harassment and decreased productivity, increased absenteeism and higher levels of employee turnover. Even after #MeToo, these numbers speak volumes and it feels timely and appropriate that a more proactive approach be taken to stamp out the prevalence of sexual harassment within our workplaces.

Understanding the Worker Protection Act

The WPA amends the 2010 Equality Act, introducing a statutory duty on employers to take “reasonable steps to prevent sexual harassment” in the workplace. This shift from a reactive to a preventative stance represents a significant change. Previously, employers might have only been held liable only after a harassment incident occurred, whereas now, the onus is on them to proactively create an environment where such incidents are less likely to happen.

Key Implications for Employers

The WPA introduces key implications for employers:

  • Employers must demonstrate they are taking ‘reasonable steps’ to proactively prevent sexual harassment. This moves beyond merely reacting to complaints, and could include establishing clear policies, providing training, and fostering open communication channels for reporting concerns.
  • Failure to comply with the duty to prevent can lead to increased liability for employers and where a claim of sexual harassment is upheld, employers could be liable for an uplift of up to 25% on compensation received by the complainant.
  • Additionally, the Equality and Human Rights Commission (EHRC) can take enforcement action against non-compliant employers.

The bill originally stated that employers must take ‘all reasonable steps’ to prevent sexual harassment. The wording has now been amended to ‘reasonable steps’. Specific actions are not prescribed and this leaves some room for interpretation. The ‘reasonableness’ of steps taken will be judged in the context of the organisation’s size, industry and workforce demographics.

Preparing Your Organisation

Now is a good time to get ahead of the changes and ensure your business is well-positioned to meet the requirements. Some of the items you might need to consider could include:

  • Reviewing existing policies on harassment, discrimination, and equal opportunities and ensure that they are clear and comprehensive.
  • Updating them to address the WPA’s preventative measures and define ‘reasonable steps’ for your organisation.
  • Establishing or reviewing clear and robust reporting systems.
  • Ensuring these systems and policies are signposted and readily accessible to all employees.

This is not a comprehensive list and it is always wise to seek guidance from a professional for advice on your legal responsibilities.

Next Steps That We Can Support You With

  • Equip all your employees, but particularly managers, with the knowledge they need on recognising, preventing and reporting sexual harassment.
  • Provide clarity with definitions and examples of sexual harassment.
  • Offer learning on bystander intervention strategies, reporting procedures and the available support.
  • Think about creating specific, more in-depth programmes for leaders navigating their responsibilities in upholding the WPA.

At LEXi, we are passionate about making workplaces a safe space for everyone and we can help you leverage your L&D offering to help foster respect and encourage colleagues to speak up and challenge inappropriate behaviour. We would love to collaborate with you to create safer workspaces for us all, so please get in touch if you would like to learn more about our skills practice and coaching offerings.

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