Prepare now for tougher laws on workplace sexual harassment
We have just a few weeks to go until new laws on sexual harassment come into force. For employers, this means a seismic shift in how they are expected to prevent, as well as tackle, this all-too-common problem.
The consequences of non-compliance for employers are significant. Employees who have experienced sexual harassment and who also prove their employer didn’t take ‘all reasonable’ preventative steps, can have their compensation uplifted by 25% by an Employment Tribunal. Alongside this, from October when the law comes into force, the Equalities and Human Rights Commission (EHRC) will have the power to take enforcement action against organisations found in breach of the new regulations.
If you are unsure whether you are ready for this change in the law, this article answers some of the most frequently asked questions by employers on this topic.
What does the new law mean for employers?
On 27 October 2024 the Worker Protection (Amendment of Equality Act) Act 2023 comes into force, which makes changes to the existing Equality Act 2010. Most employers already have sound processes in place for dealing with sexual harassment complaints, but the new law goes further than that. It requires employers to also demonstrate that they have taken ‘all reasonable steps’ to prevent discrimination arising in the first place.
What does take ‘all reasonable steps’ actually mean?
Specifics will vary based on different factors such as the size of your workforce and the nature of your workplace. All employers should be able to demonstrate that they have assessed risks and implemented mitigation measures.
Ultimately, your main aim should be to create a safe and productive workplace culture. For example, you may want to consider a programme of e-learning so all your employees understand what constitutes sexual harassment and what steps they should take if they experience or witness sexual harassment.
You probably will also want to review anti-harassment policies and reporting procedures, to ensure these are up to date.
We don’t have a problem with sexual harassment here, so does any of this apply to us?
A first step in preventing sexual harassment is acknowledging that it can happen in any workplace. Research by the Fawcett Society, the UK’s leading membership charity campaigning for gender equality and women’s rights at work, uncovered that 40% of women experience sexual harassment at some time in their working lives.
In the past, some employers have hidden behind statements referring to ‘one bad apple’, rather than choosing to address the culture within their organisation which may have permitted sexual harassment to go unchecked. Also, the #metoo movement has increased awareness of this important topic and encouraged more employers to review the way they handle complaints and more people to speak up about their concerns.
How will proactive activity benefit me as an employer?
Creating a workplace culture where your employees feel safer could well have a knock-on effect on productivity and morale, enabling you to attract and retain talent.
Also, many employers underestimate the reputational risk of a high-profile sexual harassment case and the impact these have on the way customers, employees, potential employees and wider society perceive their brand.
What happens if I don’t comply with the new law?
The consequences are serious. You can be reported to the Equalities and Human Rights Commission (EHRC) which is able to take enforcement action against organisations found to be in breach of the new laws. Employment Tribunals will also have the power to uplift compensation by 25%, if their employer is proved to have failed to put adequate measures in place to prevent sexual harassment.
Need help to embed a safe and productive workplace culture before October?
Me Learning has developed a comprehensive e-learning package for organisations who are ready to see a shift in mindset and workplace behaviours.
Using a range of seven learning interventions which contain different techniques to ensure content is engaging and learners remain focused, this is the ideal training solution to embed continuous and progressive learning. Information is relayed in bite-sized chunks within contextual, realistic scenarios.
This is not another tick-box exercise. It’s about changing behaviour.. With this package, organisations can guarantee risk mitigation, knowledge retention and most importantly, a lasting culture change.
It is CPD accredited with certificates available on completion and includes the option to pick and choose a combination of elements. The interventions included in this package ensure that learning continues beyond the end of the course and opens the door to ongoing proactive learning.
Driving Meaningful Change
A UK study showed that 79% of targets of sexual harassment in the workplace did not report it. An even more alarming report by the Equality and Human Rights Commission revealed that only 15% of women who experience sexual harassment in the workplace report it to their employer.
It’s time to end this pattern and when organisations make the decision to lead the change, a positive shift will occur across our society.
If you would like to learn more, click here or email Shirley Berry at [email protected].click here
Shirley Berry is a member of techUK’s violence against women and girls (VAWG) and rape and serious sexual offence (RASSO) working group.
Georgie Morgan
Georgie joined techUK as the Justice and Emergency Services (JES) Programme Manager in March 2020, then becoming Head of Programme in January 2022.
Cinzia Miatto
Cinzia joined techUK in August 2023 as the Justice and Emergency Services (JES) Programme Manager.
Ella Gago-Brookes
Ella joined techUK in November 2023 as a Markets Team Assistant, supporting the Justice and Emergency Services, Central Government and Financial Services Programmes.
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Authors
Shirley Berry
Shirley is also a member of techUK’s VAWG and RASSO working group.