A new duty is placed on all employers to take reasonable steps to prevent sexual harassment in the workplace.
The Worker Protection Act comes into force on Saturday, 26th October and doesn’t just apply to office settings or usual place of work, but also all situations that are connected to work, for example offsite events such as conferences, training, and exhibitions, or after work social events, such as Christmas parties.
HR Solutions Knowledge Manager Victoria Templeton said: “The key to effectively preventing this type of unacceptable behaviour is in understanding the risks associated with your business. Without knowing what the risks are, how can the business know what reasonable steps are needed to comply with the new prevention duty?”
The Kettering-based people experts has developed a new risk assessment and accompanying action plan that can help employers by encouraging them to examine all aspects of the business, including workforce demographics, vulnerable employees, existing company policies, training, management structure, working environment, and complaints.
It also allows additional checks to be undertaken in areas that are generally unique to your business.
Victoria added: “Carrying out a risk assessment is fundamental to complying with the new statutory duty, but there are other equally important activities that must also be undertaken.
“Remember, whilst this change in law is specific to sexual harassment, employers must already ensure steps are taken so that all employees and workers work in an environment that is free from any form of harassment, whether this is on the grounds of a protected characteristic (age, disability, gender reassignment, marital or civil partnership status, pregnancy or maternity, race (including nationality, ethnic or national origin), religion or philosophical belief, sex, sexual orientation) or indeed any other characteristic.”
Here are some top tips for complying with the change of law.
- Develop an effective Bullying and Harassment policy
- Engage your staff in the development of your policy and working procedures
- Assess and take steps to reduce risk in your workplace. The Equality and Human Rights Commission (EHRC) also advises employers to have an action plan to support in complying with the new duty
- Ensure effective procedures are in place for reporting complaints of sexual harassment
- Implement ongoing training for all employees, specific to your business.
- Ensure clear procedures are in place for how managers handle sexual harassment complaints
- Have clear rules for preventing and dealing with third party harassment
- Monitor and evaluate working practices – without doing this, you run the risk of having out of date, and non-compliant practices that could result in instances of sexual harassment and costly tribunal claims
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
