WORKER PROTECTION ACT
Be ready for the Worker Protection Act 2023 which comes into force in October 2024 with
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The Worker Protection Act & How It Can Help Your Business
“The Worker Protection Act means that you also have a legal responsibility to prevent harassment in your organisation. It is important that employers take appropriate steps now to ensure that staff are protected against sexual harassment at work.”
“This October, the Worker Protection Act 2023 will come into force in the UK. An amendment of the 2010 Equality Act, the Worker Protection Act 2023 aims to better protect employees from sexual harassment by prioritising prevention”.
“Employers in the UK will now have a legal duty to work preventatively — and not retrospectively — to address sexual harassment in the workplace. The Act ensures that employers “must take reasonable steps to prevent sexual harassment of employees in the course of their employment.” This extends to when employees are working outside of their office, and when they are attending social events that are considered an extension of work.”
Key Obligations & Risks:
The Worker Protection Act 2023 refers to legislation aimed at enhancing workers' rights and protections in the workplace. It comes into effect in October 2024.
Risks
Proactive Duty to Prevent Sexual Harassment:
o Employers are now required to take "reasonable steps" to prevent sexual harassment in the workplace. This proactive duty represents a shift from the previous focus on responding to incidents after they occur. Employers must actively work to create an environment that minimizes the risk of harassment.
Feature: imabi’s all in one place safeguarding, helps reduce unacceptable workplace behaviours.
Benefit: imabi Pro allows employers to take "reasonable steps" by centralising the reporting and monitoring of workplace behaviours. The app provides a unified platform for safeguarding tools, enabling employers to actively create an environment that minimises the risk of harassment, rather than just responding to incidents after they occur. This is achieved through proactive guidance and support, plus specifics organisational campaigns and policies.
Vicarious Liability:
o Employers can be held vicariously liable for acts of sexual harassment committed by their employees during the course of their employment. This means that if an employee harasses another employee, the employer could be legally responsible unless they can demonstrate that they took all reasonable steps to prevent it.
Feature: Empowers the workforce to speak up enabling an organisation to be preventative in its approach.
Benefit: imabi Pro supports employers in mitigating vicarious liability by empowering employees to report harassment or the threat of harassment By providing a reliable platform for reporting with preventative guidance, policy and reinforcement of training, employers can demonstrate that they have taken all reasonable steps to prevent harassment, thereby reducing the risk of being held liable for their employees' actions.
Potential for Compensation Uplift:
o If an employer is found to have breached their duty, an Employment Tribunal can increase any compensation awarded to the victim by up to 25%. This creates a significant financial incentive for employers to comply with the new regulations.
Feature: imabi Pro demonstrates effective response and manages reputational risk.
Benefit: By enabling quick and effective responses to harassment incidents, imabi Pro helps employers avoid breaches of their duties. This reduces the likelihood of an Employment Tribunal increasing compensation by up to 25%.
Steps Employers Should Take:
1. Policy Updates: Review and update workplace policies to ensure they reflect the new legal requirements. This includes anti-harassment policies and training programs.
Feature: Accesses accurate data from multiple sources and preventative tools to reinforce and communicate policy and process.
Benefit: imabi Pro offers insights that help employers review and update their workplace policies to align with new legal requirements, including anti-harassment measures. Imabi Pro hosts and therefore reinforces training modules and new organisation specific policies.
2. Training: Regularly train all employees, particularly those in managerial roles, on how to prevent and address sexual harassment.
Feature: Provides a secure system and convenient way to communicate training material.
Benefit: Employers can use the app to deliver and track regular training on preventing and addressing harassment, ensuring compliance with legal standards.
3. Reporting Mechanisms: Implement or strengthen systems for reporting harassment, ensuring that they are accessible and confidential.
3. Reporting Mechanisms: Implement or strengthen systems for reporting harassment, ensuring that they are accessible and confidential.
Feature: imabi PRO empowers the workforce to act and speak up anonymously.
Benefit: imabi Pro strengthens reporting mechanisms by providing a confidential and accessible platform for employees to report harassment. Valuable data is delivered to enable organisations to improve the workplace and create a better working environment.
4. Cultural Change: Work towards embedding a culture of zero tolerance towards harassment, by visible commitment from senior leadership.
Feature: The imabi Pro features create a positive and enjoyable work environment.
Benefit: The app helps foster a culture of zero tolerance towards harassment, supported by visible leadership commitment, guidance, support links to specialised agencies and specific workplace campaigns.
Timeline:
o These obligations will come into force in October 2024, giving companies time to make necessary adjustments.
Employers need to start preparing now to ensure compliance by the deadline, which will not only protect employees but also safeguard the company from potential legal and financial consequences.
Feature: imabi Pro delivers against all obligations and risk with regard to the Worker Protection Act 2023. Provides the structure to manage your obligations under the WPA 2023 with a secure system and data transfer.
Benefit: With the obligations coming into force in October 2024, imabi Pro helps employers prepare by ensuring necessary systems and policies are updated and in place ahead of time, reducing the risk of non-compliance.
· Imabi Pro can be rolled out in a matter of days which allows organisations to be protected against all of the risks highlighted above.
Let imabi Help You Use The Worker Protection Act Positively
Be ready for the Worker Protection Act 2023 which come into force in October 2024 with
Helping you with compliance and creating a safer workplace - Don’t wait – the penalties are severe
Get in Touch
For more information about the Worker Protection Act and how imabi can help, please contact us.