The news recently has publicly highlighted a case of sexual harassment in the workplace with the horrifying revelations of Mohamed Al Fayed’s sexual harassment and abuse of employees. As the investigation continues, many women have waived their right to anonymity to tell their stories, dating back to the mid-1980s. Obviously, this goes much further than harassment, with several allegations of sexual assault and rape. However, if women had felt more supported and able to speak out at the time, the abuse couldn’t have continued so long and resulted in so many sexual attacks on staff.
The Worker Protection Act
Here at vivoHR, we hope that the new Worker Protection Act will offer greater support to anyone who has experienced or is experiencing sexual harassment in the workplace – and that the actions employers now need to put in place will act as a strong deterrent in the future.
The new duty is an amendment to The Equality Act 2010 and employers now have to be much more proactive in their attempts to reduce workplace sexual harassment.
The act places an ongoing duty for employers to take reasonable preventative steps to stop their teams from experiencing sexual harassment in the workplace. This extends to protecting them from third parties such as clients, customers, contractors and visitors. And if sexual harassment has taken place, the employer has a preventative duty to stop it happening again.
Businesses are now liable to pay a 25% uplift towards any compensation for sexual harassment, if a tribunal finds that they failed to take steps to protect the worker. This applies even if the employer has not had a report of sexual harassment. The act requires employers to anticipate scenarios and take pre-emptive action. Bear in mind that awards at tribunal in discrimination and harassment cases are unlimited in the first place, so getting this wrong could be costly … and that’s not factoring in time, disruption and damage to reputation.
More critically though is the cost to individuals who experience harassment in the workplace, and as responsible employers we know you would want to create an environment where no one suffers this. Your duty of care extends beyond the physical health and safety of the work environment to include protection from harassment.
Unfortunately, lots of businesses were unprepared on 26th October when the act came into effect and there is still a lot of work to be done now.
The very first step is carrying out a Risk Assessment, but there are businesses who haven’t even done that yet. There is plenty of helpful information on what employers need to do to comply. The Equality and Human Rights Commission (EHRC) – the body who would take enforcement action – has guidance on the new duty for employers, workers and their representatives. Additionally, EHRC has produced an 8-step Employer Guide for preventing sexual harassment at work. And, of course, you can attend one of our vivoHR online workshops! They have been proving very popular – and getting some great reviews, even if we say so ourselves. Book your spot here.
What Does Sexual Harassment in the Workplace Look Like?
Key to ensuring that this new duty creates real change is understanding what sexual harassment in the workplace actually looks like. How will updating policy, processes, training and company culture proactively make your organisation a safer place to work?
We asked a few friends if they’d experienced or witnessed sexual harassment in the workplace.
- Paul: “When I was younger, my Marketing Director used to comment ‘lesbian trouser suit’ if any of the female staff wore trousers to work.”
- Jane: “Not that many years ago I was told by a sales director during a meeting that my breasts were distracting him and he couldn’t concentrate – he was notorious for commenting on female employees’ anatomy and making inappropriate comments about people’s sexuality.”
- Stephen: “A (male) friend has had inappropriate comments made about his body by a female boss. He felt if it had been a male manager talking about a younger female employee, it would have caused significantly greater outrage.”
- Suzi: “My sales manager frequently told me – and others – that it was only because I was a ‘bit of skirt’ that I was able to make more appointments than him.”
It won’t surprise you that we’ve dealt with numerous grievances and disciplinaries … often after a work social where employees have acted unacceptably, made inappropriate comments, propositioned a colleague … or worse …
If any of this sounds familiar, it isn’t appropriate and you need to take steps to prevent this type of situation. It’s not just banter. Ironically, the TUC Sexual Harassment Report of 2016 was called ‘Still just a bit of banter?’ Staff should not have to tolerate comments like these. If they report it, they are not ‘overreacting’. These things can easily build up, creating a culture of acceptance, and then lead to serious consequences. You may be shocked by this harrowing Sky News report about sexual harassment within the paramedic sector, but it’s an illustration of what can happen when inappropriate behaviour is ignored and allowed to continue.
Remember that sexual harassment isn’t just men behaving inappropriately towards women. In fact, this is a very dangerous assumption and could prevent individuals from speaking up. All scenarios of sexual harassment must be taken equally as seriously as another.
Preventing Sexual Harassment in Your Workplace
The new act states that employers should take reasonable preventive steps to stop sexual harassment. What is ‘reasonable’ varies depending on factors such as business size, sector and resources. There is no simple list of steps that all employers must take to keep their teams safe.
Reasonable steps include:
- risk assessments
- governance frameworks
- rewriting policies to include preventative measures
All these steps aim to mitigate risk. Risk assessments are essential because it’s easy to assume that something won’t happen. Perhaps you don’t want to think that your staff could be capable of this, or you may not be viewing the potential scenario from your staff’s perspective. This is dangerous as risks could be overlooked.
Aside from policy changes, behavioural shifts are essential. This takes longer, but if the ‘anecdotes’ at the start of this blog sound like they might be overlooked in your workplace, then the company culture is allowing this to happen. The right culture is created through action. Spend time training staff on appropriate behaviour and follow through on your changes to policy to show that you take sexual harassment seriously.
By implementing sound policies, conducting regular risk assessments, and providing targeted training, employers can establish a foundation for lasting change. Yet, the most significant impact of all will come from fostering a company culture that actively discourages inappropriate behaviour and supports employees’ well-being.
Conclusion
The Worker Protection Act signals a critical shift in how businesses are expected to handle workplace harassment, reinforcing a proactive stance that places prevention and accountability at the core of employer responsibilities.
This legislation not only mandates that employers take pre-emptive steps to create safer workplaces but also emphasises the importance of a culture where harassment is neither ignored nor tolerated. Businesses must cultivate an environment where all employees feel safe, respected and empowered to speak up.
For support in meeting the requirements of the new legislation and creating a safe working environment for your team, contact us on 01252 757359 or drop us an email at [email protected].