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People Management quotes Michael Powner on the upcoming Worker Protection Act

The Worker Protection Act is set to take effect from 26 October 2024, requiring employers to take ‘reasonable steps’ to prevent sexual harassment of their employees.

If a tribunal finds a business failed to take steps to protect workers, it will be able to order them to pay a 25 per cent uplift to any award of compensation for sexual harassment.

Michael Powner, Employment Partner, provides comment for People Management on what employers should be doing to prepare for the upcoming legislation.

He says firms have an “anticipatory duty” under the new legislation, and therefore need to act immediately before incidents occur.

Employers should proactively identify situations when their workers may be subject to sexual harassment in the course of employment and implement measures to prevent harassment taking place.

If sexual harassment has taken place, the preventative duty means an employer should take action to stop sexual harassment from happening again. Reasonable preventative steps will vary depending on factors including the employer's size, sector and resources, with larger employers expected to do more.

He added that while there was no guidance on what constituted ‘reasonable steps’, businesses should ensure they are carrying out risk assessments, reviewing contracts policies and procedures, implementing regular training sessions and providing accessible channels for employees to voice concerns.

Read the full piece in People Management here.

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