As you may have seen on our recent Lunch and Learn sessions, and blogs, a new piece of legislation will come into force on 26th October 2024, which will require employers to take proactive steps to prevent sexual harassment in the workplace. This legislation is the Worker Protection (Amendment of Equality Act 2010) Act 2023.
The previous Conservative government’s approach to this legislation was that employers should take “reasonable steps”. Labour have enhanced this to require “all reasonable steps” to be taken, which will become law from that date.
Recent figures (2023) shows that 3 in 5 (60%) of women have experienced sexual harassment at work (including sexually related bullying or verbal abuse). In women aged between 25 and 34 years old, this figure rose to 66%. The Act will make businesses responsible for taking proactive measures to prevent sexual harassment, as opposed to current practices which normally mean action is only taken after an event has occurred.
These measures may include things such as –
• Clear policies and processes, raising the importance of the issue within the workplace
• Training for managers on how to deal with inappropriate conduct and behaviour
• Accurate reporting, and management, of issues
• Facilitating a culture focused on open, transparent communication
• Ensuring managers, directors, and leaders lead by example
• Minimising “banter” and inappropriate conversations in the workplace
The scope of sexual harassment is vast, and is defined as “unwanted behaviour of a sexual nature. This behaviour violates someone’s dignity, whether it was intended or not, and/or creates an intimidating, hostile, degrading, humiliating or offensive environment for them, whether it was intended or not”. This includes (but not exclusive to) flirting, discussing sex and telling sexually offensive jokes and stories, sexual assault or rape, pornographic content or conversation, or inappropriate contact or touching.
In time, it is anticipated that the Act will extend to third parties, including clients and customers. Currently, it relates to employees/workers, contractors and job applicants. Many victims are reluctant to report sexual harassment, for fear of repercussion, or not being believed. There is also often the perception that the event is “not serious enough” to report. It is essential that you make reporting processes clear, and that managers, HR departments or others take any allegations seriously and manage accordingly. Failure to do so could result in tribunals increasing compensation by up to 25% for failure to comply.
If you need any support reviewing, or implementing, policies or training to cover any of the above (or any other HR topic), please contact us on team@hrprime.co.uk or 01255 724415.
