KR HR & TRAINING NEWS ARTICLES

We welcome the Worker Protection Bill (Amendment of Equality Act 2010) Bill receiving Royal Assent on 26th October 2023.   

Despite existing protections, evidence shows that workplace sexual harassment remains widespread, often goes unreported, and is inadequately addressed by many employers. This has been highlighted through recent high-profile cases in the media.

A TUC poll published in May 2023 revealed that 3 in 5 women experience sexual harassment at work, rising to 2 in 3 women aged 25 to 34. Worryingly, less than a third of women who experienced sexual harassment at work told their employer what was happening. This is likely not only to impact individual wellbeing, but also retention, productivity and attendance.

The new protections aim to shift the focus from a culture of redress to one of prevention, requiring employers to take a more proactive approach to tackling toxic and misogynistic work environments. 

Employers have until October 2024 to prepare for the new legislation coming into force.

Note two amendments by the House of Lords to the original proposed legislation:

• The proposed re-introduction of the prevention of third-party harassment (for example, by customers) has been removed.
• The original proposed wording was for employers to take “all reasonable steps” to prevent harassment. This has been changed to “reasonable steps” – removing the word “all” because it implied a potentially limitless number of steps.

Eight suggested actions to be proactive in preventing sexual harassment:

1. Consider the diversity of your leadership teams and addressing the balance if needed. Where women and under-represented groups feel included, visible and represented, then they are more likely to feel confident speaking out about their experiences.
2. Conduct and periodically review risk assessments. Identify groups at higher risk, such as younger workers and those who do not speak English as a first language, who are typically less likely to report incidents, and minimise lone working.
3. Deliver regular training, supported by clear policies and visible reminders, such as posters and intranet information. This should include information on sexual harassment affecting all genders.
4. Frequent pulse surveys to take anonymous employee feedback on culture, inclusion and experiences of harassment. Plus importantly, identifying and taking action based on the feedback.
5. Clear reporting routes, including options to report outside of line management.
6. Transparent processes to impartially investigate allegations.
7. Remind staff that social activities are still associated with the workplace and zero tolerance to harassment still applies.
8. Leaders modelling inclusive behaviour and language, calling out instances which fall short, encouraging open communication and keeping calm when things go wrong. This helps to build the trust and psychological safety necessary for staff to feel able to raise concerns.

Watch out for further information over the coming months, as the Equality and Human Rights Commission will produce new technical guidance on sexual harassment to reflect the new duty and the steps employers should take to comply with the law. This guidance will be subject to consultation.

Every employer, no matter how big or small, is responsible for protecting its workforce from unlawful harassment at work.

What steps will you be taking to protect your staff and your business?

Whether you need support with reviewing policies, delivering training or developing your workplace culture, contact our experienced team to get ahead.