Workplace sexual harassment is a pervasive issue in our society. In the past decade, the global “#MeToo” and “Time’s Up” movements have raised awareness of the issue, spotlighting egregious cases. In response, the new Worker Protection Act 2023, set to take effect on 26 October 2024, aims to address this pervasive issue by encouraging employers to create safer and more inclusive work environments.
The Act introduces a new preventative legal duty on UK employers. For the first time, UK employers will have a clear duty to take reasonable steps to prevent sexual harassment of their workers. Employers who fail to take reasonable steps to prevent sexual harassment will face penalties, including an increase of up to 25 percent in compensation awards for workplace sexual harassment if an employment tribunal finds the employer has breached this new duty.
Sexual harassment, as defined under Section 26 of the Equality Act 2010, encompasses “any unwanted sexual conduct that undermines the recipient’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive work environment.” Despite existing laws, harassment remains alarmingly common in UK workplaces, with disabled individuals, racially minoritised women, and young women experiencing disproportionately high rates of such behaviour. Additionally, a staggering 85% of people who experienced workplace sexual harassment in the last 12 months did not report it according to a 2020 Government report.
The implications of sexual harassment extend beyond individual impact, compromising overall safety and signalling broader issues of gender inequality and sexism in the workplace. As the new legislation comes into force, it represents a crucial step toward creating a work culture where every employee can thrive, free from harassment.
