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*At the time of writing the Worker Protection Bill update was due to come into force in October 2024. However, due to the upcoming July election dates may now vary slightly. This blog will be updated in due course.*
In October 2024, the Worker Protection (Amendment of Equality Act 2010) Bill will be updated with a new duty on employers to protect employees from sexual harassment. In this blog, we highlight your responsibilities as an employer and share how you can prevent sexual harassment in the workplace. Read on to be fully informed.
Why do employers need to be aware of sexual harassment?
Awareness of sexual harassment in the workplace is important for a variety of reasons:
- Organisational culture – a culture that tolerates sexual harassment sends a strong signal about the levels of tolerance of other forms of inappropriate behaviour. It is likely to allow these behaviours to flourish and even escalate, which has a negative and dysfunctional impact on trust and morale.
- Employee well-being – experiences of sexual harassment either firsthand, as a witness, or operating in an environment that carries this risk, can have a serious impact on the long-term well-being and performance of employees.
- The law – employers have a legal duty to prevent harassment and discrimination in the workplace and failure to do so can result in legal action. As highlighted above, the Worker’s Protection Amendment, which takes effect in October 2024, increases employer’s liability, in this area.
- Reputation – an organisation’s reputation could be damaged through legal action or press interest. Reputational damage is more likely to occur internally via the rumour mill as word spreads about particular instances and/or cases, potentially leading to employees leaving your organisation and discouraging others from joining.
The Worker Protection (Amendment of Equality Act 2010) Bill makes it more crucial than ever for employers to be aware of how to protect employees from sexual harassment, take steps to prevent it, and handle any complaints appropriately.
What are your responsibilities as an employer?
In recent years, the conversation around sexual harassment in the workplace has gained significant momentum. This has led to this crucial amendment to the Equality Act 2010, bringing about important changes in how employers are tasked with protecting their employees.
Understanding these changes and implementing best practices is essential for fostering a safe and inclusive work environment. Below we explain them in more detail.
Understanding the Worker Protection Bill 2023 update
The Worker Protection Bill update was passed in parliament in 2023 and becomes law in October 2024. The Amendment will strengthen the legal framework around sexual harassment in the workplace. It will do this by introducing a new duty for employers to take “reasonable steps” to protect employees from sexual harassment.
This applies to sexual harassment as defined in the Equality Act and includes any unwanted conduct of a “sexual nature”. The law has primarily been introduced to protect women but applies to people of all genders.
A proactive approach to protection from sexual harassment
Previously employers could defend themselves against claims of sexual harassment if they could demonstrate they had taken all reasonable steps to prevent the incident from happening, but there was no actual requirement to do so. The new law goes further by placing a legal obligation on employers to take proactive measures to prevent sexual harassment.
Claims that an employer hasn’t taken “reasonable steps” cannot be made in isolation and must linked to a broader claim for sexual harassment. However, if an employer is found in breach, an Employment Tribunal can increase the compensation by up to 25%.
The amendment does not require employers to protect against third-party harassment, but if an employer ignores complaints of harassment by third parties and continues to put vulnerable employees at risk it could still be liable.
“The Worker Protection Bill update will strengthen the legal framework around sexual harassment in the workplace by introducing a new duty for employers to take “reasonable steps” to protect employees from sexual harassment.”
Implement these practical steps to prevent sexual harassment in the workplace
Considering these legislative changes, employers must adopt strategies to protect their employees and prevent sexual harassment from happening. Here are some best practice guidelines you can introduce:
Establish policies that explicitly prohibit sexual harassment
Develop robust policies that explicitly prohibit sexual harassment in all its forms and provide clear definitions and examples. Ensure these policies are easily accessible to all employees and regularly communicated and reinforced through training sessions. This will make it clear to employees where the boundaries lie.
If particular issues persist it may be beneficial to develop a communications campaign to help reinforce your approach and expectations to protect employees from sexual harassment.
Understand your organisational culture
Take steps to promote a workplace culture that values respect, equality, and diversity.
Encourage open dialogue on sexual harassment. Create opportunities for colleagues to learn more, ask questions, and understand boundaries and the impact when these are crossed in a non-judgemental environment.
Provide information and opportunities to practice active bystander approaches to foster an environment where employees feel empowered to interrupt or speak up about harassment without fear of retaliation.
Create processes to report and monitor sexual harassment
Establish confidential and accessible channels for employees to report incidents of sexual harassment. For data collection purposes, you may also want to consider allowing employees to submit anonymous reports and those from witnesses.
Ensure that these reporting methods are well-publicised and accompanied by supportive measures to protect the confidentiality and well-being of those on the receiving end.
Policies need to be shaped so that those on the receiving end feel empowered and have a range of options for resolution. Gather data on instances so that you can identify and resolve any patterns or persistent issues.
Conduct regular and relevant training
Provide comprehensive training programmes on these topics for all employees, including managers and supervisors:
- Sexual harassment prevention.
- Bystander intervention.
- Diversity awareness.
Training should be ongoing and tailored to address specific workplace dynamics and risks. Managers will need the skills to identify and address concerns in their areas early, in order to minimise the impact.
Take prompt and effective action
Act swiftly and decisively in response to reports of sexual harassment, whilst also being led by the decisions of the person/s who has been impacted.
Conduct thorough investigations, respecting the confidentiality of all parties involved, and implement appropriate disciplinary measures where allegations are upheld.
Provide appropriate support and resources to those on the receiving end throughout the process. This could include:
- Dedicated advisers (see below) who can provide those impacted with information about their options and signpost to other sources of support.
- Your Employee Assistant Provider (EAP).
- Your HR department for policy/employment advice and mediation.
- The police and specialist services in the most serious cases.
As above, where possible the person on the receiving end should be empowered to make decisions about how the instance is handled.
Establish a sexual harassment advisers network
One way to help build trust and respond to concerns quickly is to recruit and train a network of sexual harassment advisers. You will want to clearly identify the boundaries of the role, the skills and requirements of those involved and provide them with training and ongoing support.
Monitor and review
Continuously evaluate the effectiveness of your policies and practices through feedback mechanisms, surveys, and regular reviews. Make adjustments as necessary to address emerging challenges and ensure compliance with legal requirements.
Next steps to implement sexual harassment prevention in your workplace
The amendments to the Equality Act 2010 come into force in October 2024 and will elevate the importance of protecting employees from sexual harassment in the workplace and holding employers accountable for creating safe and inclusive environments.
By prioritising prevention, education, and proactive intervention, employers can fulfil their responsibilities to protect employees from sexual harassment and foster a culture of respect and equality. It is imperative that organisations remains vigilant, adaptive, and committed to upholding the rights and dignity of all employees.
Now you have an understanding of how you can protect your employees from sexual harassment in your organisation, Inclusive Employers are here to support you to make these changes happen.
You can start a conversation with us using the form below. Talk to us about what you’d like to achieve, and we can work together to make that happen. We look forward to hearing from you:
Grow your team
When you become an Inclusive Employers’ Member you grow your I&D team.
Your account manager works with you to understand your goals, your challenges and achievable next steps.
Do you need more support for your inclusive culture to thrive?
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