The Worker Protection (Amendment of Equality Act 2010) Act 2023 will take effect in England, Scotland, and Wales on 26 October 2024. This amendment introduces a new responsibility for employers, requiring them to actively implement measures to prevent sexual harassment in the workplace. Employers must ensure that by the commencement date, they have appropriate systems and monitoring in place to meet this obligation. Below are tips on how an employer can comply with the changes.
The first step is to educate and raise awareness
For employers, the initial priority is to gain a clear understanding of what constitutes sexual harassment and to ensure their workforce is well-informed. ‘Harassment’ refers to any unwelcome conduct connected to a protected characteristic that either intends to or results in violating a person’s dignity, or creates an environment that is intimidating, hostile, degrading, humiliating, or offensive. Sexual harassment specifically relates to unwanted behaviour of a sexual nature that has these effects.
Employers must recognise that the new preventative duty requires them to take reasonable steps to stop sexual harassment by any individual. This includes third parties such as customers, clients, and members of the public.
How employers can prevent sexual harassment and get ready for the changes
Employers need to adopt a proactive and structured approach when addressing and preventing sexual harassment in the workplace. This isn’t a simple ‘tick-box’ exercise; they must demonstrate that reasonable steps have been taken.
Employers need to be aware of the key focus areas below:
Organisational and cultural change: Senior leaders play a critical role in shaping the workplace culture and setting expectations for behaviour and professional conduct. They must embody and promote the values of dignity, respect, and inclusion to ensure a supportive environment.
Policies and procedures: While a formal policy alone won’t transform a culture, it remains essential to have written policies and clear guidance. These should define sexual harassment, provide examples, and clarify the responsibilities of all employees in preventing and addressing it. These policies should also be used to communicate the organisation’s commitment to prevention and to educating the workforce. Due to the sensitive and complex nature of harassment, some organisations may consider handling it under a dedicated procedure.
Training and development: Regular training for all employees is necessary to ensure they fully understand what sexual harassment entails and their role in preventing and addressing it.
Reporting channels and investigations: Employers must establish clear, well-advertised channels for reporting complaints. They should respond to any reports swiftly, fairly, and thoroughly. Any discriminatory or harassing behaviour must be promptly investigated and dealt with, making it clear that such behaviour is unacceptable.
Management capability: Line managers are key in identifying, challenging, and addressing unfair treatment, including sexual harassment. They require appropriate training, education, and guidance to give them the confidence to manage such situations effectively.
Monitoring and review: Regular monitoring of gender diversity at all levels, including during recruitment and promotion, helps highlight potential discrimination or harassment related to gender. Surveys measuring staff attitudes can also provide valuable insights into areas such as gender equality, bullying, and harassment.
If you need HR support with this topic, please reach out to Progressive HR Solutions via email at info@progressivehrs.co.uk
Comments