Preventing Sexual Harassment with the New Worker Protection Act
The New Worker Protection Act: Preventing Sexual Harassment
The new Worker Protection Act comes into force this month with the aim of preventing sexual harassment in the workplace. The act will require employers to take ‘reasonable steps’ to protect their employees from being sexually harassed. In this article, we look at how employers can implement this new legislation and associated responsibilities.
Why is the new legislation being implemented?
Over the years, many people have argued that the Equality Act 2010 does not adequately prevent employees from experiencing sexual harassment. As well as the distress caused for employees, this type of behaviour causes problems for employers too.
Sexual harassment can affect staff retention levels, as skilled and valued employees choose to leave, rather than making a complaint. Where companies do not respond effectively to sexual harassment allegations, reputational damage can also occur. Legal claims can arise, leading to unwanted media attention, and new talent are put off from joining the business.
As an amendment to the Equality Act 2010, the new Worker Protection Act places a responsibility on employers to take a proactive approach to take ‘reasonable steps’ to prevent sexual harassment. It’s worth noting that the changes to the Worker Protection Act won’t just be a box-ticking exercise. The Equality and Human Rights Commission is updating the 2020 guidance on sexual harassment to ensure employees comply with the new legislation.
As an employer, you will need to provide sufficient evidence that you have taken reasonable steps to deal with sexual harassment issues effectively in the workplace. This includes putting in reasonable steps to prevent sexual harassment and dealing with complaints about third parties. But what exactly does this new act require businesses to do?
What does ‘reasonable steps’ mean?
Guidance suggests that reasonable steps would include the following:
Develop a zero-tolerance workplace culture that helps to encourage workers to report sexual harassment. It’s recommended to offer employees different ways to make complaints, as well as explaining how they will be supported afterwards.
Put in place an adequate written policy that defines sexual harassment, giving clear examples and relevant guidance. It should include people’s responsibilities when it comes to preventing this type of problem. The purpose of this policy should be to highlight your commitment to tackling sexual harassment through education.
Anticipate potential scenarios where sexual harassment might occur by conducting risk assessments, surveys and engaging with staff to put preventative measures in place.
Roll out additional and mandatory training sessions for managers on the definition of sexual harassment. It’s advisable to also provide sessions that raise awareness and inform workers on this topic. As this is a sensitive subject, it’s worth asking a professional HR training facilitator to review your training materials.
Monitor, report and respond to complaints of sexual harassment promptly and proactively to ensure progress is made. Investigations need to be thorough and fair, and monitoring should be ongoing. Staff surveys are recommended to identify risks and gather feedback on topics such as sexual harassment, gender bias and bullying. Engage your staff by conducting 1-2-1’s, surveys, exit interviews, open door policy so that they can help inform your approach to prevention.
Make sure everyone knows what to do when a harassment complaint is made.
Deal with complaints about third parties make sure they know what is acceptable and what is not.
One recommendation includes nominating a workplace champion to help embed key values such as inclusion, dignity and respect. Such individuals can help to promote the company’s stance and how they plan to address sexual harassment complaints.
Employment Tribunal claims for sexual harassment
The Worker Protection Act places a legal responsibility on employers to prevent employees from being sexually harassed. Therefore, failure to follow the new guidance could result in a costly and time-consuming Employment Tribunal.
Where a breach of duty has resulted in an employee’s sexual harassment claim being upheld, Employment Tribunals can increase compensation awards up to 25%. There’s no statutory cap on compensation levels when it comes to sexual harassment.
Compensation for sexual harassment can cover various areas, such as injury to feelings, personal injury, aggravated damages and financial loss. If an employee claim were to prove severity in these areas, there could be a substantial compensation award.
The nature or size of business doesn’t matter – the new act will apply to every type if organisation. There’s a big emphasis on companies to take a preventative approach to a sexual harassment matter, rather than working retrospectively.
HR advice on the Worker Protection Act
With the new Worker Protection Act coming into force, it’s vital that your company considers how to implement this new legislation. Review your existing policies and processes in relation to sexual harassment to ensure your managers respond in the right way to complaints.
Carry out a risk assessment to identify areas of risk and preventative measures. Engage with your staff. Develop a zero-tolerance strategy that improves your workplace culture and design a training programme that enables the effective implementation of the new guidance.
For more guidance on how to deal with sexual harassment in the workplace, please read our previous blogs or get in touch. Our articles include How to Deal with Sexual Harassment and Fawning and How to Handle Gender Bias at Work, which you might find useful.
At Invictus HR, we advise our clients on a range of sensitive employee issues, which includes sexual harassment and discrimination. We can review and update your policies, train and mentor your managers, and we also offer a cost-effective retained HR service.
For information on the new Worker Protection Act or HR advice on another matter, please get in touch.
Sources:
https://www.personneltoday.com/hr/worker-protection-act-sexual-harassment-laws-go-ahead/
https://www.nhsemployers.org/news/new-legal-duty-prevent-sexual-harassment