To encourage employers to be more proactive in their efforts to reduce workplace sexual harassment, the government has passed The Worker Protection Bill. This new act – an amendment of the Equality Act 2010, kickstarted by the MeToo movement – will be effective 27th October 2024. Demonstrating a significant shift from ‘reactive’ to ‘proactive’ measures, the new act places a duty upon employers to take ‘reasonable steps’ to prevent sexual harassment in the workplace in the first place, rather than just dealing with the consequences.
A key question for employers will be around what these ‘reasonable steps’ will actually look like. Currently, there is limited guidance on this point and it’s likely this detail will follow in September. That being said, and with that detail still yet to be defined, there are still some proactive steps that employers can take now. Here’s how employers can ensure they are prepared for The Worker Protection Bill.
Inclusivity is key
Fostering an inclusive culture is key and ultimately what will underpin all processes and policies mentioned below. Senior leaders and managers have a fundamental influence on the working culture of their organisation and set the tone and expectations around workplace behaviour, specifically how employees should act towards one another. Leaders will need to visibly show that they buy in to a culture of respect and zero tolerance to any form of harassment.
As part of this inclusive culture, psychological safety is crucial, where employees are encouraged to partake in a ‘speak up and speak out’ ethos. All employees should be advised on how to raise concerns and be assured they will not suffer any adverse consequences if they do speak up. Where possible involving employees of all levels in developing these policies will also help to garner greater buy in. Likewise, establishing an employee inclusion network can also help to give employees greater autonomy and the opportunity to speak up safely about what is important to them.
Companies will also need to take steps to minimise the risks in their business, such as considering whether there are any factors that might increase the likelihood of sexual harassment. Looking into any power or gender imbalances would be an important first step in this process.
A robust policy
It’s vital to have a written policy regarding sexual harassment and this should be available for all employees to access at any time. These policies should define what sexual harassment is and stress the sheer breath and complexity of this issue. All policies will need to document a manager’s responsibilities for preventing and tackling sexual harassment. Education is key here and the more information a company can equip its managers with, the better.
HR professionals must also carefully assess the effectiveness of their current protocols in preventing and addressing instances of sexual harassment, identifying any gaps or shortfalls that need to be addressed asap.
Regular training
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, or indeed, 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. Managers must be mindful that there is no one size fits all here and understand that the experience of each and every victim will be different.
They will also need to be mindful that bullying and sexual harassment rarely happens in plain sight. This means they will need to familiarise themselves with the signs and symptoms of victims. This might include increased time off work, a refusal to work with certain colleagues, noting a change in behaviour, more requests to work from home and away from colleagues, or seeing reduced engagement from a specific individual.
Companies should run regular training for all employees, so they understand there is a zero tolerance when it comes to sexual harassment and bullying. Finally, when new employees join, line managers and HR will need to ensure any induction programme reinforces the company’s expectations in terms of culture and behaviour too.
Robust complaints procedure
Having a clear complaints procedure that all employees understand is critical. It should be simple for employees to report any inappropriate behaviour and they should feel safe to do so. Line managers should offer regular check ins with their team and alongside multiple opportunities for their team to raise anything, this might include team meetings, 1-2-1s, exit interviews and so forth. Employers may wish to consider the use of an anonymous app for employees to raise any grievances too. All grievances or complaints should be responded to promptly and comprehensively. Likewise, any evidence of discriminatory behaviour or harassment will need to be investigated and acted on quickly. Companies may wish to use an external agency to handle these investigations and/or support employees during this time. A firm may wish to consider using emerging technology to record, monitor and report on complaints too.
Monitor and evaluate
Employers will need to ensure they are well informed about what is going on at their organisation. Part of this will be to understand their existing culture, such as looking at available data including exit interviews, Glassdoor reviews, market perception of the organisation and so forth. Likewise, if any formal or informal complaints about individuals or departments have been made previously, they should probe deeper into these to understand all the complexities. Ensure bias does not creep in. HR can also take a temperature check through the use of employee surveys or spot interviews – all of this will create a wealth of data that the company can harness longer term.
Substantial consequences
The consequences of non-compliance here are substantial. Not only will they impact a company financially, but companies are also likely to suffer reputational issues too. After all, gaining a reputation for a non-inclusive environment will damage a company’s brand and make it harder for them to hire good people. Not to mention the impact it might have on customers too.
The values of a business should be clear, and role modelled at every level. Senior management must build a zero-tolerance culture and live and breathe this themselves. This includes taking prompt action if any concerns are raised and ensuring all complaints are investigated and handled professionally and that all employees feel valued and safe.
Responsibility sits with senior management
Ultimately this new act will put responsibility firmly onto the company and senior management to take action proactively and in advance, rather than to wait and see if any crisis emerges and then deal with them accordingly. This will require so much more than a mere change in a company’s way of working. It will require new training, robust policies, greater monitoring, and a truly inclusive, values-based culture underpinning everything that the firm does.
