Sexual Harassment
Legislation

Are You Ready for the Changes to Sexual Harassment Legislation?

On October 26th, 2023, a significant shift in workplace regulations will take effect with the implementation of the Worker Protection (Amendment of Equality Act 2010) Act. This new law places a proactive responsibility on employers to take all reasonable steps to prevent sexual harassment in the workplace. It applies not only to actions by employees but also to agents and third parties.

Failure to comply can result in serious consequences. Employment tribunals now have the authority to increase compensation for sexual harassment claims by up to 25%. Additionally, the Equality and Human Rights Commission (EHRC) can take enforcement action against employers who don’t meet the new duty. Now is the time to act – ensure your workplace is equipped to prevent sexual harassment and maintain a respectful, safe environment for all employees.

What Does “Reasonable Steps” Mean for Your Business?

The specific actions required will depend on your company’s size, resources, and past incidents. However, there are key strategies all businesses can adopt to stay compliant and proactive.

Here’s our 8-step guide to help you navigate these changes and protect your employees from sexual harassment:

1. Update Your Sexual Harassment Policy​

Review your current policies to ensure they comply with the new law. Consider whether you need a dedicated sexual harassment policy or if a broader harassment policy covering multiple forms of discrimination is more effective. Make sure it’s clear, up-to-date, and easily accessible to all employees.

2. Engage Employees Through Communication

Conduct regular one-on-ones, employee surveys, and exit interviews. This helps uncover hidden issues and fosters open communication, making employees feel their concerns are heard and
respected.

3. Assess Your Workplace Risk

Perform a workplace risk assessment to identify areas where sexual harassment is more likely to occur, such as isolated workspaces or power imbalances. Create an action plan to mitigate these risks, and set up a system to monitor and review progress regularly.

4. Introduce an Anonymous Reporting System

Offer employees a way to report issues anonymously, either through an online portal or an independent phone-based service. This can encourage staff to report concerns without fear and help you address problems early.

5. Train Managers and Staff

Training is a critical component of prevention. Managers need to be equipped to handle allegations of harassment sensitively and effectively. All employees should understand what constitutes sexual harassment, what behaviours are unacceptable, and the steps to take if they experience or witness harassment.

6. Respond to Complaints Quickly and Fairly

Act swiftly and sensitively when a complaint arises. Make sure the resolution process reflects the employee’s preferred outcome and follow up to ensure the issue is fully addressed.

7. Address Third-Party Risks

If your employees interact with customers or clients, implement strong reporting mechanisms to address potential harassment from third parties. Ensure you take all reasonable steps to protect your employees, especially when working alone.

8. Monitor, Evaluate, and Adapt

Regularly review your action plans, policies, and training programs. Measure their effectiveness by analysing trends and gathering feedback from your team. Adapt your strategies as needed to ensure ongoing compliance and maintain a harassment-free workplace.

Stay Ahead with Expert Guidance

Navigating these new requirements can be challenging, but Limelite HR is here to help. We offer comprehensive support to ensure businesses implement the necessary steps for compliance.

 

Article

• Interested in learning more?

  Get in touch to see how we can support your business with tailored HR consultancy services across the UK and beyond.  Act now to ensure your workplace is compliant, safe, and respectful for all.

  Get in touch