Imposed duty to safeguard employees
Effective October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the Act) will impose fresh obligations and duties on employers.
This change is due to the current law being deemed inadequate in preventing sexual harassment in the workplace, leading the government to enforce a more assertive duty on employers for safeguarding employees from such incidents. Essentially, it will be easier to hold employers accountable for workplace sexual harassment.
What constitutes reasonable steps?
While the new law does not explicitly define this, it is advised that employers undertake the following measures in the forthcoming weeks and months:
- Develop a comprehensive plan and progress report to demonstrate efforts in eradicating sexual harassment.
- Establish and consistently update a clear workplace anti-harassment policy.
- Conduct targeted risk assessments.
- Devise a clear and transparent procedure for reporting sexual harassment.
- Provide compulsory training to all staff, with specific modules for different employee levels: senior management, line managers, HR, and new recruits.
What happens in case of a breach of this new duty?
The employment tribunal has the authority to increase compensation by up to 25% if:
- It is established that sexual harassment has occurred; and
- Compensation has been awarded by the tribunal; and
- The tribunal has further determined that the employer has breached this new duty.
To mitigate the risk of sexual harassment claims, employers must proactively ensure they are ready for the enforcement of the Act.
Key strategies for employers to implement to safeguard employees
- Introduce an Anonymous, two-way reporting channel as an additional method for people to report incidents of inappropriate behaviour. An independent reporting channel removes the fear barrier of reporting to a line manager.
- Conduct Anonymous staff surveys that contextualise sexual harassment for the workplace and different groups of workers such as those with protected characteristics.
- Consolidate, measure and report with an integrated HR case management software which records all cases raised from various channels of communication and gives organisations real-time insights on trends and areas of concern so preventative action plans can be enforced
- And always, training of leadership and managers to confidently implement the organisations sexual harassment policy and competent dealing with any disclosures or complaints. The competency should be assessed as part of an annual performance review.
HR addressing the issue
HR professionals should be equipped to handle various forms of workplace conflict. This includes implementing conflict resolution training and establishing a fair grievance process. By promoting open communication and resolving issues as they arise, HR can contribute to a more harmonious work environment.
Empower employees to speak up and assert your duty to safeguard your people
Your duty is to create a safer and more engaged workplace, we can help to ensure you take all reasonable steps to comply with the recommendations in this amendment.
Book your personalised demonstration of WorkInConfidence Employee Engagement Platform and see for yourself how we can help your organisation make your workplace a safer environment for your all your people.
We can have you up and running with your speaking up process in a matter of days and make your workplace a safer environment for all.
