Are employers prepared for the upcoming Worker Protection amendment to the Equality Act 2010 that comes into force on 26th October?
This puts a duty on employers to take “reasonable steps” to prevent sexual harassment in the workplace. It also means that compensation awarded at tribunals will be up to 25% higher if this not done.
“Do we not already have a duty to prevent sexual harassment?”, you may say. This is true, but the new obligations mean that employers will need to be more proactive in preventing sexual harassment, rather than purely reacting, for example, if a complaint is received.
This heightened duty follows a survey in 2020 which, quite shockingly, showed that 29% of people had experienced some form of sexual harassment in the last 12 months, with some distinct minority groups (16-25 year-olds, LGBT employees, people with severe disabilities) subject to markedly higher levels. This, in combination, with low levels of reporting and ineffective outcomes, showed the existing measures was not successful in addressing the issue.
What does the Equality and Human Rights Commission (EHRC) say about it?
Make sure you have a specific antiharassment policy which is wellcommunicated.
Engage staff by making them aware of what harassment is and how to report it.
Assess risks and take steps to address them.
Have an effective reporting system.
Train staff and managers.
Ensure it is clear what to do if a complaint is made.
This may seem quite onerous but being prepared is the key to compliance with the new duty and ensuring you are protecting your staff.
How can you get prepared?
The first thing to do is review your current policies. Do they include specific antiharassment processes? If not, you need to add some.
Next, training. Ensure that all those responsible for managing the reporting processes are aware of their responsibility and understand the new rules.
Finally, be open and clear with your workforce. Ensure everyone know what is expected of them – and what they can do if they experience, or witness, sexual harassment in the workplace.
Also remember that, although women are those most often affected, sexual harassment can be experienced by any gender. The legislation and the steps you take to address it, apply to all.
At the time of writing, the new draft Employment Rights Bill is due to be presented to Parliament in October and this is expected to further strengthen this duty. This may include reintroduction of the original proposal to oblige employers to take “all reasonable steps”, instead of “reasonable steps”, and an additional specific requirement to protect against sexual harassment from third parties.
If you require any help with rewriting your policies, training your staff or managing your culture, HR Dept are here to help.
Alison Schreiber, HR Dept – Durham & Newcastle South. Call 01325 526 036 or email: alison.schreiber@hrdept.co.uk