Florence Brocklesby and Georgina Calvert-Lee recently published an article in the Law Gazette examining the impact of the Worker Protection Act 2023 (WPA) just over one year after its introduction.
The WPA introduced a positive duty on employers to take reasonable steps to prevent sexual harassment in the workplace, a move intended to create a step change in tackling a persistent problem.
Has it worked?
While some employers have made welcome changes, widespread cultural transformation remains elusive. Surveys show harassment is still prevalent, and many organisations have yet to conduct risk assessments or move beyond compliance as a tick-box exercise.
Why this matters:
- Failure to comply can lead to up to 25% uplift in tribunal awards, EHRC enforcement, and reputational harm.
- For law firms, the Solicitors Regulation Authority (SRA) is taking a hard line: 109 harassment-related cases were opened in 2024, and partners are required to challenge workplace harassment under the Code of Conduct.
What should employers do now?
- Conduct a tailored risk assessment – Consider factors like lone working, travel, hierarchical dynamics, and social events.
- Implement robust policies and reporting channels – Define harassment clearly, offer multiple reporting options, and train managers.
- Investigate concerns rigorously – Use external specialists where needed and analyse complaint data for systemic risks.
- Lead cultural change from the top – Leadership commitment is key to meaningful progress.
Looking ahead:
The Employment Rights Bill will raise the bar further, requiring employers to take all reasonable steps and restricting NDAs in harassment and discrimination cases. This means organisations must prepare for greater transparency and scrutiny.
Instead of fearing reputational damage, employers should embrace proactive measures and foster a culture of respect and accountability.
Read the full Law Gazette article here: The Worker Protection Act one year on | Law Gazette
