You should know by now that the new Worker Protection Act is set to take effect on 26 October and UK businesses will face stricter requirements regarding the prevention of sexual harassment in the workplace. However, according to a survey by WorkNest, only 5% of businesses feel well-prepared for the new legislation, which highlights a concerning gap in readiness.
We usually talk about how this lack of preparedness will put companies at legal and financial risk, but let’s not forget that organisations who haven’t taken any steps are also leaving their employees vulnerable.
The Worker Protection Act introduces a positive duty for employers to take "reasonable steps" to prevent sexual harassment of their employees. If a tribunal finds that an employer has failed to meet this standard, they could face a 25% uplift in any compensation awarded to victims. This new responsibility brings increased scrutiny and legal implications, demanding that businesses be proactive in their efforts to safeguard employees from harassment.
Sexual harassment in the workplace is far more common than many may realise. According to a report by the Trades Union Congress (TUC), 52% of women have experienced sexual harassment at work, however many incidents go unreported.
In recent years, high-profile cases have brought the issue of workplace harassment into the public eye; the current news of former Harrods Owner, Mohammed Al Fayed being a case in point. The Al Fayed case also highlights the issue of the under-reporting of incidents.
The EHRC (Equality and Human Rights Commission) states that despite the high profile cases, many employers are still not taking adequate steps to prevent or address harassment, leaving them vulnerable to legal action under the new legislation. And let’s not forget that sexual harassment is not limited to women. Men, too, are subjected to inappropriate behaviour by both women and other men, and these instances are even less likely to be reported.
Sexual harassment is an issue that affects the entire workforce and so requires a comprehensive, holistic approach.
An aspect of the legislation that was removed from the original bill is the inclusion of sexual harassment from third parties. This refers to incidents of sexual harassment by customers, clients, or other external bodies or groups with whom employees interact. Despite not being part of the legislation, we recommend that employers also consider how to protect their staff not only from internal harassment but also from individuals outside of the company. This will put their commitment to providing a safe working environment beyond doubt.
A key step in protecting your business is to implement robust policies that address both internal and third-party harassment. This includes clear reporting channels, regular staff training, and comprehensive risk assessments. Moreover, ensuring that any policy changes are communicated effectively to all staff is essential.
Looking at previous cases, the training element will likely be one of the first things a tribunal examines in the event of a harassment claim. An organisation that can demonstrate it has provided relevant, ongoing training to all employees, including managers and supervisors, will be better positioned to defend itself in case of litigation. Regular, up-to-date training on sexual harassment should be high on the agenda, ensuring that employees understand not only what constitutes inappropriate behaviour but also how to report it.
While many businesses may want to handle the training internally, this isn’t something you want to get wrong. An external training provider, like HR Champions, can add weight and gravity to the seriousness of your anti-harassment message. External trainers often bring specialised expertise and an objective perspective that can help drive behavioural change within the organisation. This approach also signals to employees that management is taking the issue seriously and is committed to maintaining a safe and respectful workplace.
As the new Worker Protection Act comes into force, UK businesses must prioritise creating a harassment-free environment. Implementing effective policies, conducting regular training, and ensuring all employees are aware of their rights and responsibilities will not only protect your company but also foster a culture of respect and inclusivity, thereby achieving the ultimate aim of protecting your employees. Investing in training now could save your business from costly tribunal claims in the future.
Contact us to learn more about the Dignity at Work and Sexual Harassment training we provide on 01452 331331 or contact us through our contact page.
