The Worker Protection (Amendment of Equality Act 2010) Act was passed last year. From 26 October, employers will need to take “all reasonable steps” to prevent sexual harassment of their employees.
The Act signifies a crucial shift in accountability. It moves the onus from individuals, who previously had to report and manage inappropriate conduct, to employers who are now expected to actively foster a harassment-free environment.
This shift in responsibility is designed to enhance workplace culture by making it clear that preventing harassment is a collective obligation rather than an individual one. Employers are now expected to create and maintain an environment where all employees feel safe and respected, which can lead to increased employee morale, reduced turnover, and a more inclusive atmosphere overall.
What does this mean for employers?
The implementation of the Worker Protection Act 2023 places a spotlight on the responsibilities of employers to create a safe and respectful workplace environment. For businesses, this means a shift towards proactive measures to prevent sexual harassment.
Failure to comply with these new obligations can have serious legal and financial consequences. The Equality and Human Rights Commission (EHRC) has the authority to enforce these regulations, and businesses may face increased compensation claims if found in breach. If an employer breaches this obligation, the Equality and Human Rights Commission (EHRC) can take enforcement action and increase compensation by 25%.
However, by taking the following proactive steps, employers not only align themselves with legal requirements but also benefit from a more positive workplace atmosphere…
How can you prepare your business?
Review your policies: Your business must have clear policies on sexual harassment. Whether they’re covered in their own distinct policy, or in broader policies, you should define sexual harassment, provide concrete examples, and ensure there is no ambiguity.
Risk assessments: Look to identify areas of your business that might make someone more susceptible to sexual harassment. This could include something like late night shifts. You must tailor preventive measures to address these specific risks.
Reporting systems: Create or develop easily accessible reporting systems for sexual harassment. You should include anonymous options to encourage anyone to come forward.
Foster a supportive culture: By building a supportive workplace culture, you can encourage victims or witnesses to speak up. Look to actively engage with employees to build trust and ensure prompt investigation of complaints.
Staff training: You should provide every member of staff with regular training sessions that inform them of ways to recognise sexual harassment and what to do if it occurs.
Documentation and monitoring: Keep detailed records of everything your business is doing to prevent and address sexual harassment. Not only could these help you refine your strategies, but they can also help you demonstrate legal compliance, should you ever need to.
Background screening – Ensure that you’re conducting the appropriate background checks on job candidates so that you understand whether they’re suited to work in that position. DBS Checks will specify whether a candidate has been convicted of a “specialised offence”. These offenses are usually serious, violent, or sexual in nature, or are relevant to safeguarding children and vulnerable adults. By conducting these checks, you can be sure that you’re making the best recruitment decisions.
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