UK Employers Face Tougher Rules on Sexual Harassment
From October 26th, 2024, the Worker Protection (Amendment of Equality Act 2010) Bill will significantly strengthen protections for workers against sexual harassment. This new legislation places a duty on employers to take “reasonable steps” to prevent sexual harassment in the workplace. Failure to meet this obligation could result in tribunals increasing compensation by up to 25% for affected employees.
The legislative journey of the Worker Protection Bill has been highly debated, leading to two major changes. Initially, the bill required employers to take “all reasonable steps” to prevent harassment. However, this was softened to simply “reasonable steps,” a change that has disappointed some advocates. Additionally, a proposed duty to protect workers against harassment by third parties was dropped from the final version of the bill.
Despite these modifications, it remains critical for employers to prepare for the law’s implementation. The Chartered Institute of Personnel and Development (CIPD) has voiced concerns about whether a new proactive statutory duty would have the desired impact, emphasising that employers are already legally required to take reasonable steps to prevent harassment by colleagues.
The CIPD also highlighted the need to bridge the gap between existing laws and their effective implementation.
The introduction of the Worker Protection Act provides an opportunity to increase awareness and encourage compliance to prevent sexual harassment in workplaces. The planned updates to the Equality and Human Rights Commission’s (EHRC) technical guidance and Employment Code of Practice will reflect the new preventative duty, offering further clarity.
Educating and Raising Awareness
The first step for employers is understanding what constitutes sexual harassment and educating their workforce. Harassment includes unwanted conduct related to a protected characteristic that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. Sexual harassment specifically involves unwanted conduct of a sexual nature.
Although the duty to protect workers from third-party harassment was dropped, employers are still required to take reasonable steps to prevent harassment by any perpetrator, including customers, clients, and members of the public.
Preventing Sexual Harassment
Employers must be proactive and systematic in preventing and addressing sexual harassment. This involves more than just ticking boxes; employers need to demonstrate the reasonable steps they have taken.
Key areas of focus include:
- Organisational and Cultural Change: Senior leaders play a crucial role in shaping workplace culture, setting expectations for behaviour, and promoting dignity, respect, and inclusion.
- Policies and Procedures: While a formal policy alone won’t change culture, it is essential to have written policies and guidelines that define sexual harassment, provide examples, and outline responsibilities for prevention and response.
- Training and Development: Regular training sessions are necessary to ensure all staff understand what constitutes sexual harassment and their role in preventing it.
- Reporting Channels and Investigations: Employers need clear, well-publicised reporting channels and must respond to complaints promptly, fairly, and thoroughly. Discriminatory behaviour or harassment should be swiftly investigated and addressed.
- People Management Capability: Line managers must be equipped with the training and guidance to confidently tackle sexual harassment.
- Monitoring and Review: Regular monitoring of workforce diversity and staff surveys can help identify potential discrimination or harassment issues.
Wider Public Policy Developments
The CIPD has emphasised the importance of a collaborative approach involving government, regulators, and stakeholders to ensure sexual harassment is a high priority for employers. They stress that enforcement responsibilities should not fall too heavily on individuals and call for adequate resourcing of the EHRC to utilise its enforcement powers effectively.
Some regulators and professional bodies are also actively addressing workplace sexual harassment. For instance, the Financial Conduct Authority (FCA) has focused on tackling harassment and misconduct within the industry through the Senior Managers and Certification Regime, which reinforces the need for proactive employer approaches.
Final Word
Despite four decades of legislation in this area, progress has been slow. The existing laws have not been sufficiently effective across all workplaces, highlighting the importance of the new duty.
The Worker Protection Act aims to improve the protection individuals receive from sexual harassment, ensuring a safer and more respectful working environment for all.