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Friday, 23 August 2024 11:05

Sexual Harassment: Are You Ready?

A story blowing upon the news today is the dismissal from the BBC of Match of the Day and The One Show presenter Jermaine Jenas following allegations relating to workplace behaviour. The allegations relate to “digital communications” to workplace colleagues.

One might reasonably surmise that the allegations relate to text or Whatsapp messages that have been unwanted by the recipient and could potentially be of a sexual nature.

The dismissal is a potentially career ending decision for Mr Jenas. The fact that the BBC has acted so quickly and moved immediately to dismissal without a period of suspension means that they have already done a full investigation and considered this a slam-dunk case.

The corporation’s speedy response could be an overt signal that they have changed their ways following the backlash in their handling of the Huw Edwards case. Much more likely however is that the BBC, aware of the new Worker Protection Act being introduced in October, have actually got their act together and have moved decisively rather than open themselves up to be the test case for the new legislation.

Unless you’ve been living under a rock for the last few months, you should know that the clock is ticking for the implementation of this legislation which is set to enhance protections against sexual harassment in the workplace. We’ve been banging on about it for months and employers really must act now if they haven’t already.

This isn't just about compliance—it's about safeguarding your business from severe legal, financial, and reputational damage.

To be clear, under the new vicarious liability guidelines, employers can be held accountable for their employees' actions unless they can prove they took all reasonable steps to prevent harassment. Reacting after the fact won't cut it anymore. If your business is found lacking, expect harsh penalties, including potential increases of up to 25% in compensation awards for victims. Beyond the financial hit, the blow to your company’s reputation could be even more damaging—and far harder to recover from.

With the law coming into force in a little over two months, there's no time to waste. Implementing changes across an organization takes time, and training staff is never straightforward.

Here’s what you need to do immediately:

  1. Review and Update Policies: Conduct a thorough review of your harassment and bullying policies. Make sure they are crystal clear, robust, and compliant with the new regulations. The old excuses—like ignoring inappropriate behaviour as "banter"—won’t fly. Clearly outline the consequences for policy breaches.

  2. Implement Policies Effectively: Updating policies is just the first step. You must ensure these policies are communicated clearly to all employees. A consistent approach is key. Have every employee sign off to confirm they’ve been briefed and understand the new rules.

  3. Training and Awareness: Regular, comprehensive training for all staff, including management, is non-negotiable. Make sure everyone knows what constitutes harassment, the company’s policies, and the legal ramifications of not adhering to them. Recurrent training is essential to keep awareness high.


  4. Management training is key to support managers  firstly to recognise what is inappropriate, secondly to check that they are role modelling the right behaviours and thirdly providing them with tactics and interventions to stop and deal with inappropriate behaviour in the moment and to follow through with any consequences.

  5. Establish Clear Reporting Channels: Employees must feel safe and supported when reporting harassment. Set up multiple, confidential reporting mechanisms. This not only encourages victims to come forward but also demonstrates your commitment to a safe work environment.

  6. Foster an Inclusive Culture: A culture of respect and inclusion is your best defence against harassment. Leaders must model the right behaviour and act swiftly against any inappropriate actions. The message, re-enforced daily, from the top is crucial.

NB: Don't forget that behaviour outside work can constitute workplace harassment, eg. sports and social activities, staying away on business, a quick drink after work or the office party. In our experience, we're seeing the greatest effect and activity through social media platforms and messaging apps. 

The Worker Protection Act signals a critical shift in workplace standards. By taking decisive action now, your business can stay ahead of the curve, not only complying with new regulations but also creating a safer, more inclusive workplace. This isn’t just about avoiding legal troubles—it’s about building a respectful work environment that benefits everyone.

Don’t wait until your company is making headlines for all the wrong reasons. We can help with policy reviews, implementation, and staff training, including our Dignity at Work program. Act now—call us on 01452 331331 or email This email address is being protected from spambots. You need JavaScript enabled to view it.

  

Read 1012 times Last modified on Friday, 23 August 2024 11:25

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