9 October 2024
Worker Protection Act 2023: Are you ready?
From 26 October 2024, employers will be required to take 'reasonable steps' to combat sexual harassment in their place of work. Businesses that fail to do so risk enforcement action from the EHRC, which includes an uplift in compensation payments by up to 25%.
A 2018 report by the Trades Union Congress (TUC) found that over half of women (52%) in the UK have experienced sexual harassment at work.
Of course, it isn’t only women who are the victims of sexual harassment. Male, female or transgender, the real number of cases is hard to define, as the prevalence of NDAs, fear of retaliation or a lack of trust in company responses mean many cases go unreported.
Recent high-profile cases at McDonald’s, the CBI and, most recently, Harrods have highlighted the need to tighten regulation and prevent predators, exploiting positions of power, to take advantage of often vulnerable, junior employees.
Whether a moral imperative, a duty of care or simply to avoid costly litigation and reputational damage, employers should already be taking reasonable steps.
The business case is straightforward: where people feel safe and respected in the workplace, they bring their best selves to work, realise their full potential and, therefore, are more productive and effective for the business.
In toxic cultures, where staff feel victimised and harassed, retention rates and productivity are low.
Legal Responsibilities
Under the Equality Act 2010, UK employers already have a legal obligation to protect employees from sexual harassment. This includes unwanted behaviour of a sexual nature that creates an intimidating or hostile environment.
Under the imminent, amended legislation, employers will need to demonstrate they have taken proactive measures to ensure this is the case. Those who don’t, risk legal liability.
There should be no doubt and no excuses
Do you know where the line between a bit of banter and sexual harassment is drawn? Do your employees? After all, friendly banter can be a sign of a tight-knit, healthy working environment. So, when does it slip into victimisation and harassment?
Under the new legislation, these are the questions employers will need to grapple with to ensure compliance.
For example, although pre-dating the new legislation, only last week, an employment tribunal awarded a female complainant over £50K in compensation against a London-based whisky investment firm. In its ruling, the tribunal classed calling women ‘birds’ and boasting about ‘sexual conquests’ as sexual harassment. Would you?
Training and education will be key
Sexual harassment training is about more than compliance; it is about shaping workplace culture by fostering values, like respect and inclusivity. By educating employees on acceptable behaviour, companies can reduce harassment and create supportive environments.
Training can also empower employees to intervene, preventing harassment before it escalates.
Specialist training for leaders responsible for implementing and modelling policies, and those handling complaints, will be needed, too.
Training is among five ‘reasonable steps’ leaders should consider in proactively demonstrating a commitment to employee safety and mitigating risk. To read the other recommendations, download the Workers Protection Act 2023: Five ‘reasonable steps' to compliance.
9 October 2024