Preparing for the new Sexual Harassment Prevention Duties

 

Preparing for the new Sexual Harassment Prevention Duties

Sexual harassment in the workplace is a serious issue, impacting individuals and damaging cultures within organisations. Beginning 26th of October 2024, a new law will hold organisations more accountable, requiring them to take reasonable steps to prevent sexual harassment. 

With this update to the Worker Protection (Amendment of Equality Act 2010) Bill, some employers will need to step up their game to create safer work environments. Here's how HR professionals and workplace managers can understand these updates and implement effective measures.

The importance of understanding the new duty

The new duty to prevent sexual harassment strengthens existing protections for workers. While some argue it doesn't go far enough, it’s a significant move toward safer workplaces. Employers who fail to comply might face increased compensation penalties, up to 25%, by tribunals. 

What is sexual harassment?

Sexual harassment is unwanted conduct of a sexual nature that violates a person's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment. It’s essential for employers to educate their workforce about what constitutes sexual harassment to create awareness and prevent such behaviour.

Why the update matters

Though existing laws demand reasonable steps to prevent harassment, the new update explicitly emphasizes the proactive role employers must play. The previous requirement to protect workers from third-party harassment was removed, but the focus on internal practices remains strong. This update aims to bridge the gap between current laws and their effective implementation.

Practical steps for implementing the new Sexual Harassment Prevention Duties

  1. Educate your workforce: Implement comprehensive training programs that educate employees about sexual harassment and their role in preventing it.

  2. Develop clear policies: Draft clear policies that define harassment and outline procedures for reporting and addressing complaints.

  3. Create safe reporting channels: Ensure there are safe, confidential ways for employees to report harassment, and that these reports are handled swiftly and fairly.

Enhancing training and education for line managers

Line managers play a critical role in identifying and addressing unfair treatment, including sexual harassment. Providing them with the right training, education, and guidance empowers them to tackle these issues confidently and effectively.

Developing robust sexual harassment policies and procedures

Having clear, written policies on sexual harassment is vital. These should define harassment, provide examples, and outline responsibilities for preventing and addressing it. While policies alone don’t change culture, they are foundational in promoting an organisation’s commitment to a harassment-free workplace.

Establishing reporting channels and investigating complaints

Employers must provide clear, accessible reporting channels for complaints and ensure prompt, fair, and thorough investigations. It’s essential to send a strong message that any form of harassment will not be tolerated and will be addressed swiftly.

Monitoring and review processes

Monitoring and identifying potential discrimination or harassment issues. Regular staff surveys can provide insights into areas like gender equality and workplace bullying, informing necessary interventions.

Building a supportive community

Engaging employees in discussions about workplace culture and values fosters a supportive community. Encourage open conversations about respect and inclusion and promote a zero-tolerance stance on harassment.

Leveraging technology for prevention

Use technology to support your prevention efforts. Tools for anonymous reporting, surveys, digital training platforms, and data analytics can help monitor and address harassment issues efficiently. 

Final Thoughts

The new duty to prevent sexual harassment is a step forward in creating safer, more respectful workplaces. By understanding these updates and implementing effective measures, HR professionals and workplace managers can play a pivotal role in fostering a positive organisational culture. Stay informed, proactive, and committed to continuous improvement.

For further resources and guidance on implementing these changes, visit the CIPD website.

Brid O'Connell