The Worker Protection Bills | Consensus HR in Herts & Beds
From October 2024 the Worker Protection (Amendment of Equality Act 2010) Bill will strengthen existing protection for workers against sexual harassment. The new law will place a new duty on employers to take ‘reasonable steps’ to prevent sexual harassment. Tribunals will have the power to increase compensation by up to 25% if they find an employer has breached this duty.
The legal change has been much debated during its legislative journey and has undergone two significant changes. Originally, the bill was drafted so that employers were required to take ‘all reasonable steps’; some parties are unhappy with the final obligation for them to take ‘reasonable steps. In addition, the proposed reintroduction of a duty to protect workers against harassment by third parties was dropped.
While commentators are disappointed by what they perceive as a watering down of the new preventative duty, it’s still crucial that employers are aware of its impending introduction and are geared up to comply.
The CIPD’s response to the UK Government’s consultation set out our concerns on whether a new proactive statutory duty on employers would have the desired impact. Employers are already required under the law to take reasonable steps to prevent sexual harassment of workers by their colleagues. We also made the point that much more can be done to bridge the gap regarding current law and its effective implementation in the workplace.
However, now that the new duty is coming into force, it presents an important opportunity to build awareness and encourage compliance to prevent sexual harassment in workplaces. With this aim in mind, we welcome the planned updating of the EHRC’s technical guidance and Employment Code of Practice to reflect the preventative duty.
The first step is educating and raising awareness
The first step for employers is understanding what sexual harassment is and educating their workforce. ‘Harassment’ covers unwanted conduct related to a protected characteristic which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment is unwanted conduct of a sexual nature that has that effect.
The duty that would have made employers liable for third party harassment was dropped, which the CIPD thought was disappointing. However, it’s important to understand that the new preventative duty still requires employers to take reasonable steps to prevent sexual harassment by any perpetrator and that includes third parties such as customers, clients and members of the public.
How employers can prevent sexual harassment
Employers should be proactive and systematic in how they prevent and tackle sexual harassment at work: this is not a ‘tick-box’ exercise, and employers will need to show evidence of the reasonable steps taken. To do so, they need to focus attention on a number of priority areas, as our guidance explains:
- Organisational and cultural change: Senior leaders have a defining influence on the working culture and set the tone for expectations around behaviour and workplace civility. They need to embed and live the values and behaviour that underpin dignity, respect and inclusion.
- Policies and procedures: A formal policy won’t change culture on its own but it’s still important to have written policies and guidance. These should define sexual harassment, give examples of what it is and outline everyone’s responsibilities for preventing and tackling it. These can be used to promote the organisation’s commitment and practices to prevent and educate the workforce about sexual harassment. Given its sensitive and potentially complex nature, organisations may wish to consider dealing with harassment under a separate procedure.
- Training and development: There should be regular training sessions for all staff so that they understand what sexual harassment is and their role in preventing/addressing it.
- Reporting channels and investigating: There need to be well-promoted reporting channels for complaints and the organisation needs to respond to these promptly, fairly and thoroughly. Any evidence of discriminatory behaviour or harassment among staff needs to be investigated and acted on swiftly and a clear message sent out that such behaviour will not be tolerated.
- People management capability: Line managers play an important role in identifying, challenging and dealing with unfair treatment including sexual harassment. They need to have the training, education and guidance to give them the confidence to tackle sexual harassment.
- Monitoring and review: Monitoring the gender diversity of the workforce at every level, including for recruitment and promotion, will help to highlight if there is any potential discrimination or harassment on grounds of gender. Staff attitude surveys will enable the organisation to collect feedback in areas like gender equality and bullying and harassment.
Our HR comment:
The Worker Protection Bills | Consensus HR in Herts & Beds
Matthew Chilcott, Owner of Consensus HR comments: “This bill has long been talked about by Labour and especially the issue in relation to sexual harassment which we have written about many times. We hope at Consensus HR businesses will ensure that all the team are adequately trained and the businesses culture reflects one where everybody is treated correctly and made to feel part of the team for the success of the business and employees.”
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