The Worker Protection Act came into force in October 2024. Jo Seery of Thompsons Solicitors outlines what this means for FBU members.
It amends the Equality Act 2010 by introducing a new duty on employers to prevent sexual harassment in the course of employment. It is designed to ensure employers take action to change workplace behaviours and eradicate sexual harassment.
Sexual harassment is defined as unwanted sexual conduct that violates a worker’s dignity or creates an intimidating, hostile degrading, humiliating or offensive environment.
The duty requires all employers to take reasonable steps to prevent sexual harassment in the workplace. Examples of risks given include staff working alone at night, and workforces which lack diversity and where there are power imbalances. Employers are expected to develop anti-harassment policies, engage staff and have effective reporting procedures.
The Equality and Human Rights Commission can take action if an employer fails to comply. And it can now increase the amount of compensation awarded to an employee by up to 25%. Union reps can use the guidance to ensure employers are complying with their duty and request they consult with them on these preventive measures.
