The Equality Act 2010 expects every organisation to ensure it takes reasonable steps to prevent harassment in the workplace occurring irrespective of size of organisation. However, for sexual harassment the act is being strengthened further. Changes to the sexual harassment in the workplace legislation are effective from 26 October 2024.
Serena Bower of the fantastic HR consultancy Bower HR explains what’s involved:
The Worker Protection (Amendment of Equality Act 2010) Act 2023 will expect employers to take a proactive stance to take reasonable steps to prevent specifically sexual harassment in the workplace. It is only for sexual harassment where a proactive duty is being applied, not to other harassment of other protected characteristics, or if the harassment is generally related to sex – meaning male or female – but is not sexual in nature.
For example, a male manager assigning menial jobs to a female employee and telling her that ‘women should know their place’ would be sex-related harassment but not sexual harassment – the conduct is not of a sexual nature.
But a male manager making lewd comments about a female employee’s appearance would be sexual harassment – the conduct is clearly of a sexual nature. The positive duty to prevent harassment would apply in the latter situation but not the former.
The preventative measures also apply to third parties, as well as co-workers.
What can be clarified as Preventative Measures?
- Organisational and cultural change: Through its Senior leaders the organisation will need to ensure that the values of the organisation and zero tolerance to harassment and bullying is upheld. They will need to demonstrate, live and embed the values and behaviour that underpins dignity, respect and inclusion.
- Policies and procedures: That formal policy of harassment and bullying is in place which defines what informal and formal actions will be taken if harassment and bullying is reported.
- Training and development: Commit and actively deliver to regular training and awareness sessions for all staff so that they understand what harassment (including sexual harassment) and their role in preventing/addressing it is.
- Reporting channels and investigating: That published and well-promoted reporting channels for complaints. Any evidence of discriminatory behaviour or harassment among staff needs to be investigated and acted on promptly and a clear message sent out that such behaviour will not be tolerated.
- People management capability: That Line managers are aware of the important role they play in identifying, challenging and dealing with unfair treatment including sexual harassment. They will be trained, educated and guided to give them the confidence to tackle sexual harassment; to monitor once the investigation is completed to ensure such matters are dealt with and those affected are supported.
Awards at Employment Tribunals are extensive in harassment cases, and making settlements with individuals are also financial unwelcome transactions.
Are you employer? Here’s how Bower HR can assist you:
- Writing/updating your employment handbook
- Training all line managers and staff by accessing our e-learning module – Sexual Harassment in the Workplace for all staff (offered at a 40% discount per person from advertised rate when booked with code BHR002)
- Ensure you have a grievance procedure / complaints procedure to raise such matters
- Use Bower HR to assist in any investigations or complaints of this matter to ensure it is dealt with well and swiftly.
To find out more, contact Serena at Bower HR. We promise she’s friendly, jargon-free and very knowledgeable about all things HR.
