Preventing sexual harassment in the workplace is changing
3 steps to help you comply
From October 2024, there will be greater responsibility on employers to be more proactive in reducing sexual harassment in the workplace. Read on to find out if are you ready, as well as three practical steps to take today to help you comply.
What’s different?
The Worker Protection Bill is an amendment of the Equality Act 2010 and was kickstarted by the MeToo movement. The key changes are:
A move from reactive to proactive measures: Employers will need to anticipate scenarios when it's employees may be subject to sexual harassment in the course of their employment, as opposed to just taking action after the event.
An expectation to have taken reasonable preventative steps: Employers are expected to take reasonable steps to prevent sexual harassment in with workplace.
The Act covers more than just employees: Employers are expected to seek to prevent sexual harassment by their own employees, but also take reasonable steps to prevent sexual harassment of workers by an agent acting on behalf of the employer or third parties e.g. clients and customers.
Tribunals can apply a 25% uplift on compensation: If it's deemed that the preventative duty of the employer has been breached, compensation awards (which are uncapped) can be uplifted to reflect this.
The Equality and Human Rights Commission (EHRC) has the power to take enforcement action against the employer: If an employer does not comply with the duty, a legally binding agreement to prevent future unlawful acts can be enforced. These are public agreements, and can damage a company's reputation and brand (see McDonald example ).
We can help you comply with the new act
The spotlight is now on employers to take preventative and proactive action. Here’s our three-step process to help you comply today.
S T E P 1 :
Gain insight & clarity through an audit
You will need to review your current policies, processes, and ways of working under six key areas.
These are:
Fostering an inclusive and safe culture
Conducting regular training
Creating sexual harassment policy
Manage all complaints effectively and appropriately
Monitor and evaluate at every level
Set the tone from the top
How Amelore can help:
We can run this audit for you. We will review how well you are currently managing the risks associated with the new legislation and provide recommendations to support compliance with the incoming legislation.
S T E P 2 :
Update your policies, processes, and ways of working
You will need a written policy regarding sexual harassment, and this should be available for all employees to access at any time. This policy should define what sexual harassment is and stress the sheer breath and complexity of this issue. It will need to document a manager’s responsibilities for preventing and tackling sexual harassment. Education is key. The more information a company can equip its managers with, the better.
How Amelore can help:
We will partner with you to activate all recommendations from the audit and create a robust sexual harassment policy for your company.
S T E P 3 :
Tailored training for your managers & the wider workforce
Training for all employees, and specifically for line managers on the new duty, will be paramount, so that employees understand what sexual harassment is and what their role is in preventing and dealing with it. Line managers will need clarity on what constitutes bullying, harassment, and sexual harassment, and should know exactly what to do if an employee reports a case to them.
How Amelore can help:
We will design and deliver training for you. We have a number of different sessions available, including one aimed at leaders and people managers to ensure they understand the company's relevant policies and procedures and their responsibilities. We also have a training session for employees to ensure they are aware of the relevant policies and processes, as well as understand their role in supporting a zero-tolerance culture.
The consequences of non-compliance are substantial. Not only could a sexual harassment case impact your company financially, but your organisation could also suffer severe reputational issues too.
Don’t delay in getting prepared.
To get in touch and discuss how we can support you please contact us