Employers Must Act Now: The Worker Protection Act 2024 – Ensure Compliance and Safeguard Your Workforce
On 26 October 2024, the Worker Protection (Amendment of the Equality Act 2010) Act will come into force, introducing a landmark change aimed at tackling workplace harassment. Under this new law, employers will be required to take proactive measures to prevent sexual harassment in the workplace. This shift places a greater emphasis on employer accountability by making it a legal obligation to establish preventative measures rather than simply responding to incidents after they occur.
A New Era of Employer Accountability: The Worker Protection Act 2024
In today’s dynamic work environment, ensuring the safety and well-being of employees is paramount. One of the most pressing issues that organisations face is preventing sexual harassment in the workplace. Now, with legislative changes being introduced in the Worker Protection (Amendment of Equality Act 2010) Act 2024, employers are legally required to take reasonable steps to prevent sexual harassment.
This article examines how traditional pre-employment screening, combined with effective ongoing staff vetting, and enhanced by modern tools like social media screening and open-source internet checks, can serve as a robust defence mechanism for employers.
Why Sexual Harassment Prevention Must Be a Priority for Employers
From October 2024, UK employers must proactively prevent sexual harassment, and not just react to incidents. This preventative duty extends beyond the immediate workplace, covering all scenarios where employees might interact with third parties.
Failure to comply can result in significant penalties, including increased compensation for victims. Therefore, it is crucial for employers to integrate comprehensive screening processes into their risk management strategies.
Traditional Background Checks: Are They Enough?
Traditional background checks have long been a staple in the hiring process. These checks include verifying identity, right to work, employment history, criminal records, and academic or professional credentials.
While essential, these checks alone are insufficient in identifying potential risks related to sexual harassment. They provide a snapshot of an individual’s past but do not account for ongoing behavioural changes or emerging risk factors.
Additionally, filtering rules from the Rehabilitation of Offenders Act mean some offences may no longer appear after a certain period. As a result, traditional background checks may miss crucial information about an individual’s history.
The Role of Modern Screening Tools in Risk Mitigation
To address these gaps, employers must adopt a more comprehensive approach that includes ongoing staff vetting, and modern background checks to continuously monitor and identify emerging risks.
Social Media Screening: A Game-Changer for Workplace Safety
Social media platforms are a treasure trove of information about an individual’s behaviour, beliefs, and interactions. This includes identifying red flags such as misogyny, bullying, hate speech, and discriminatory behaviour.
Best practice social media screening services leverage AI to analyse social media activity for behavioural and reputational risks but rely on human analysis to determine relevance and GDPR compliance. By integrating social media screening into the vetting process, employers can uncover hidden risks that traditional checks might miss.
Open-Source Internet Checks: Uncovering Hidden Threats
Open-source intelligence (OSINT) gathers information from publicly available sources. Meanwhile, specialised technology uses advanced algorithms to sift through data from the surface web, deep web, and social media. This ensures employers have a comprehensive view of potential hires and current employees, identifying emerging threats or behavioural changes that risk workplace safety.
For many years, UK regulators like the Financial Conduct Authority (FCA) and Security Industry Authority (SIA) have recommended adding open-source internet checks and social media screening to pre-employment screening and ongoing staff vetting policies. Additionally, the Solicitors Regulation Authority (SRA) now requires law firms to monitor solicitors’ online presence, safeguarding the profession’s reputation.
These measures are vital for thorough risk assessments and maintaining a safe working environment. By following these recommendations, employers can strengthen their safeguarding efforts and ensure compliance with regulatory standards and the new Worker Protection laws.
Ongoing Vetting: Protecting Your Workforce Beyond Pre-Employment
Pre-employment checks are just the beginning. As people and their circumstances change, so do the risks they pose. Ongoing vetting is essential to maintaining a safe work environment and has become crucial for risk mitigation and fraud prevention.
There’s a widely recognised saying in the HR community that a criminal record certificate is only accurate at the exact moment it is printed.
This principle applies to all non-static background checks, such as credit checks, driving licence checks, directorship checks, global watchlist and sanctions checks, and the relatively new social media and open-source internet screening services.
Regular monitoring of employees’ online behaviour and changes in personal circumstances can help employers stay ahead of potential issues. This proactive approach allows employers to address problems before they escalate, ensuring a safer workplace for all.
How to Ensure Compliance and Avoid Penalties Under the Worker Protection Act
Employers are already required under the law to take reasonable steps to prevent sexual harassment of workers by their colleagues. This responsibility should naturally extend to implementing robust pre-employment screening and ongoing vetting processes.
Traditional background checks, while necessary, are not enough. By complementing these checks with modern screening tools such as social media screening and open-source internet checks, employers can proactively identify and mitigate risks. This comprehensive approach not only helps in preventing sexual harassment but also protects organisations from potential penalties and compensation claims.
A strong focus on screening and ongoing staff vetting is essential for creating a safe and respectful workplace.
By leveraging advanced tools and technologies, employers can ensure they take all necessary steps to protect employees and their organisation.
How EBC Global Can Help You Comply With The The Worker Protection Act 2024
EBC Global is dedicated to helping employers navigate the challenges of workplace compliance, offering cutting-edge solutions for comprehensive pre-employment screening and ongoing vetting.
By leveraging our advanced tools, employers can mitigate risks while ensuring compliance with the new Worker Protection Act 2024.
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