There are only four days until the Worker Protection (Amendment of Equality Act 2010) Act 2023 comes into force on 26 October.
The Act means that all employers will be under a new obligation to take reasonable steps to prevent the sexual harassment of employees at work.
New financial consequences
A breach of this new duty gives tribunals the power to apply an uplift of up to 25% on any compensation awarded in successful claims. Compensation for harassment claims is already uncapped, so the new power to uplift could have potentially huge financial consequences for employers if they’re found to have breached the new duty.
With close to 30% of the UK population experiencing sexual harassment at work in the last 12 months and the increased spotlight this new duty brings, taking proactive steps is key in sending a strong cultural message and preventing sexual harassment moving forward.
What steps should you be taking?
Zero-tolerance – set a clear and consistent approach to dealing with issues of sexual harassment. Harassment without consequence can breed a culture of acceptance…and potentially hefty tribunal awards! Even with the right policies and training in place, those tasked with dealing with grievances must be empowered and supported to act consistently and take robust action when required.
Policies – bullying, anti-harassment and inclusivity policies must be up to date, regularly communicated, and enforced. Tribunals are already quick to call out employers with out-of-date policies that act simply as a “paper commitment to equality issues”. Ensure your policies are clear on how to report concerns and how those concerns will be dealt with. Click here if you’d like our help to review your existing policies. You can also access ours on the Intelligent Employment document platform.
Training – tribunals take a dim view of “tick box” and “stale” training, so up-to-date, meaningful, and robust learning is key to educating and embedding what is and isn’t acceptable behaviour. Training should cover employees at all levels and be refreshed annually. We’ve built an eLearning solution to help – book a demo.
Risk assessments – start by thinking through where and when sexual harassment might occur, who is likely to be the victim (keep an open mind here!), what preventative measures you already have in place and how you measure the success of your policies (amongst other things). Keep your risk assessment under review. Access ours on the Intelligent Employment document platform.
Specially trained individuals – sexual harassment complaints are hopefully few and far between. For that reason, it’s sensible to select individuals within your organisation with the right skills to support appropriately when a grievance is raised and to then provide those individuals with extra training in the moment and throughout the year.
Get in touch if you need our support with any of these recommended steps.
