From 26 October 2024, the Worker Protection Act is coming into force. It is an amendment to the Equality Act 2010, and will place a duty (Preventative Duty) on employers to take reasonable steps to prevent sexual harassment at work. In this latest blog we take a look at some of the new changes and how this could effect your workforce.
What is the Worker Protection Act
One of the outcomes of the new rules, is that if an employment tribunal finds that a worker has been sexually harassed and the preventative duty has been breached, the employer can be ordered to pay an uplift of 25 percent to the compensatory award.
To support employers in complying with this new preventative duty, the Equality and Human Rights Commission (EHRC) have now finalised their Sexual harassment and harassment at work: technical guidance. The guidance will help employers understand their legal responsibilities in relation to harassment and victimisation, including steps they should take to prevent this at work.
Reasons for the New Worker Protection Act
The new preventative duty has come in to effect partly because there has been an increase in sexual harassment in recent years. A 2021 Fawcett Society survey showed that at least 40% of the women surveyed reported that they had experienced sexual harassment in the workplace.
The duty is anticipatory meaning it is proactive and that employers should not wait for sexual harassment to happen before acting. It applies to all employers and extends to cover harassment from customers, clients and other third parties.
Some of the key points in the EHRC guidance are:
- In order to comply with preventative duty, employers must take reasonable steps to prevent sexual harassment of their workers
- The law does not list specific steps an employer must take – but all employers must take action and no employer is exempt from preventative duty
- Risk assessments should be carried out and action plans used to set out preventative steps employers will take to address identified risks
In addition to the guidance, the EHRC have also published an 8-step guide to preventing sexual harassment at work. The guide covers practical suggested steps that employers can take to prevent and deal with sexual harassment in the work place. The steps are as follows:
- Step 1: develop and effective anti-harassment policy
- Step 2: engage staff
- Step 3: assess and take steps to reduce risk in the workplace
- Step 4: reporting
- Step 5: training
- Step 6: what to do when a harassment complaint is made
- Step 7: dealing with harassment by third parties
- Step 8: monitor and evaluate actions
Sexual harassment in the workplace remains a critical issue for organisations across the UK and beyond. Preventing sexual harassment at work is not only a legal obligation but also essential for fostering a respectful, safe, and inclusive environment for all employees. By taking proactive steps and implementing comprehensive strategies, businesses can significantly reduce the risk of harassment and cultivate a more positive workplace culture. Below are some effective measures on how to prevent sexual harassment at work.
Create Clear Anti-Harassment Policies
One of the most fundamental steps to preventing sexual harassment at work is to establish a clear and robust anti-harassment policy. This policy should clearly define what constitutes sexual harassment, provide examples, and outline the procedures for reporting incidents. It should be distributed to all employees, and they should acknowledge receipt and understanding of the policy. Having a well-documented and transparent policy ensures that employees know what behaviours are unacceptable and provides them with a framework to address any incidents that arise.
Regular Training and Education
Training and education play a crucial role in preventing sexual harassment at work. Providing mandatory sexual harassment training for all employees, including management and leadership teams, helps ensure that everyone understands the behaviours that constitute harassment and the consequences of such actions. It’s also important to educate staff on how to report harassment and what to expect during the investigation process. By regularly updating this training, you ensure that employees stay informed about the latest laws and best practices for maintaining a respectful workplace.
Encourage Open Communication
Creating an open-door policy where employees feel comfortable speaking up about inappropriate behaviour is key to preventing sexual harassment at work. Employees must feel confident that their concerns will be taken seriously and addressed promptly without fear of retaliation. Employers should establish multiple channels for reporting harassment, such as anonymous hotlines or designated HR representatives, so that employees can report incidents in a manner that feels safe and comfortable for them.
Strong Leadership Commitment
Leadership commitment to preventing sexual harassment at work sets the tone for the entire organisation. When company leaders actively promote a culture of respect and zero tolerance for harassment, it demonstrates that the organisation is serious about maintaining a safe workplace. Leaders should model appropriate behaviour and hold themselves accountable for fostering a harassment-free environment. This commitment should be reinforced through consistent actions, not just words, by addressing any violations swiftly and fairly.
Conduct Thorough Investigations
When an employee files a complaint about sexual harassment, it is imperative that the company conducts a thorough, impartial investigation. Investigations should be timely, confidential, and carried out by trained professionals to ensure fairness and accuracy. It is essential that employees know their concerns will be handled with discretion and seriousness. This commitment to proper investigations can not only prevent future incidents but also build trust within the organisation.
Promote a Positive Workplace Culture
A positive workplace culture is a key element in preventing sexual harassment at work. When employees feel respected, valued, and engaged, there is a reduced likelihood of harassment. Encouraging teamwork, respect, diversity, and inclusion can go a long way toward preventing inappropriate behaviour. Regular team-building activities, recognition programmes, and mental health support can further help promote a healthy work environment where harassment is less likely to occur.
Hold Perpetrators Accountable
To prevent sexual harassment at work, it’s crucial to ensure that there are consequences for inappropriate behaviour. Employees need to understand that the company takes harassment seriously and will hold perpetrators accountable, regardless of their position within the organisation. Disciplinary actions should be outlined clearly in the anti-harassment policy and enforced consistently.
Ongoing Review of Practices and Policies
Preventing sexual harassment at work is not a one-time effort. Organisations should regularly review and update their policies, training materials, and reporting procedures to ensure they remain effective and relevant. By staying current with legal changes and incorporating feedback from employees, businesses can ensure they are continuously improving their approach to preventing harassment.
Get in touch with a compliant and supportive HR Company
BedrockHR can offer tailored advice for your HR requirements. If you would like more information about preventative duty and how we can assist with ensuring your workplace is compliant and supportive to your employees, please get in touch with the team at Bedrock HR on email at [email protected] or call 020 3330 0827.
