In recent years, efforts to make workplaces safer and more inclusive have intensified. With the upcoming Worker Protection (Amendment of Equality Act 2010) Act 2023, businesses must renew their focus on preventing sexual harassment. This legislation introduces a more robust framework for accountability, placing greater responsibility on employers to protect their employees from harassment, including by third parties such as service users or contractors.
As organisations gear up to comply with the updated legislation, taking proactive measures to prevent sexual harassment is more critical than ever. Beyond compliance, fostering a workplace where everyone feels safe and respected is essential for building a positive, productive work environment.
Here are some key strategies for preventing sexual harassment in the workplace:
Understand the Legal Landscape
The Worker Protection Act 2023 strengthens existing requirements under the Equality Act 2010, introducing a specific duty on employers to take proactive steps to prevent sexual harassment. Notably, the act reintroduces employer liability for third-party harassment, meaning businesses must safeguard employees from inappropriate conduct by external individuals, such as customers, contractors, and suppliers.
Failing to act on harassment can lead to legal consequences, especially if an employer is found to have been negligent. Knowing the law is the first step to ensuring compliance and fostering a respectful environment.
Create a Clear and Visible Anti-Harassment Policy
Having a comprehensive anti-harassment policy is crucial. This policy should:
- Define what constitutes sexual harassment, providing clear examples.
- Outline the steps employees should take to report incidents of harassment.
- Explain the process for handling complaints, including confidentiality measures.
- State the consequences for those found to have engaged in harassment.
Make sure that this policy is not only written but also regularly communicated to staff, prominently displayed in shared spaces, and included in onboarding materials. It should be revisited periodically to reflect the latest legal updates.
Train All Employees on Harassment Prevention
Training is a critical tool for preventing harassment. The new legislation emphasises the need for employers to take “all reasonable steps” to prevent harassment. This should include providing regular and effective training. A one-off session is likely not enough; consistent, interactive training helps employees understand the nuances of harassment and their role in preventing it.
Your training programme should cover:
- What constitutes sexual harassment in the workplace.
- How to identify and challenge inappropriate behaviour.
- How to report incidents or support colleagues who may be affected.
- The legal obligations, liabilities and protections under the Worker Protection Act.
Training should be tailored to different levels of staff, including specific sessions for managers to ensure they know how to handle complaints appropriately.
Foster a Culture of Respect and Inclusivity
Building a workplace culture where harassment is openly condemned is essential. Leaders and managers must set the tone by modelling respectful behaviour and addressing concerns swiftly. A zero-tolerance approach should be embedded in the organisation’s values, and employees must feel confident that their grievances will be taken seriously without fear of retaliation.
Encourage open dialogue about respect and boundaries, and promote initiatives that foster diversity and inclusion, as research suggests that inclusive workplaces tend to experience lower rates of harassment.
Implement Reporting Mechanisms and Protect Confidentiality
Employees need safe, accessible ways to report harassment. This can be achieved through:
- The usual grievance process
- Anonymous reporting channels
- Trained managers with the skills to handle sensitive issues
- Clear instructions on where and how to report incidents
Ensuring confidentiality where possible is a priority, as many individuals fear repercussions for coming forward. Providing support mechanisms such as counselling or mediation services can also encourage employees to report incidents.
Investigate Complaints Swiftly and Thoroughly
When a complaint is made, it is vital that employers respond promptly and impartially. Investigations should be:
- Conducted by a neutral party to avoid any bias.
- Based on clear procedures to ensure fairness.
- Completed as swiftly as possible while maintaining thoroughness.
After the investigation, appropriate action should be taken based on the findings, and support should be offered to those affected. Employers should also think about how the people impacted by the harassment claim will work together post complaint.
Employers should remember that just because there is no evidence to support the claims made by the alleged victim, it does not mean that the harassment did not happen. Employers should ensure in these cases to carefully and sensitively manage the situation without persecuting either the complainer or the accused .
Monitor and Review Your Approach Regularly
Prevention efforts are not a “set it and forget it” task. Continually monitor the effectiveness of your policies and practices by:
- Conducting regular employee surveys to assess the workplace climate.
- Reviewing harassment reports to identify patterns or trends.
- Updating policies and training in response to changes in the legislation or workplace dynamics.
By actively engaging in continuous improvement, you can better protect your employees and ensure a safe working environment.
Conclusion
The Worker Protection (Amendment of Equality Act 2010) Act 2023 serves as a crucial reminder for employers to actively prevent sexual harassment in the workplace. Beyond legal compliance, prioritising harassment prevention creates a culture of respect, trust, and safety. By implementing clear policies, providing effective training, and fostering an inclusive environment, organisations can protect their workforce and promote a more harmonious workplace.
With these measures in place, organisations can not only meet their legal obligations but also contribute to a work environment where everyone can thrive, free from the threat of harassment.
Are your workplace policies ready for the new legal landscape? Ensure your organisation is compliant and your employees protected.
