Valerie Merrill of Merrill Consultants and Tracy Powley of Focal Point Training and Consultancy in conversation
The Worker Protection Act comes into force on 26th October this year. It places a greater responsibility on organisations to prevent sexual harassment at work
“Harassment in the workplace is a blight on society. It is widespread, it ruins lives and impacts effective working relationships. Not a week goes by without revelations of inappropriate behaviour in an organisation somewhere in the UK.
Shocking figures from the House of Commons Library have revealed that one in five people have experience sexual harassment in the workplace every year”
Liberal Democrats
Question 1: So, Tracy what does this legislation really mean for us and our clients? What should we be doing as the law comes into force?
The legislation requires organisations to demonstrate that they have taken “reasonable steps” to prevent sexual harassment from happening. While the reasonable steps are not specifically outlined in the legislation, the key expectations are likely to be that
- there is a clear policy which has been updated to reflect the new legislation and is easily accessible to everyone. The organisation should also show it has effectively communicated the content of the policy (not just published it in a handbook on the intranet)
- there is a clear message from the top that the organisation has a zero tolerance approach to sexual harassment
- there is training for everybody to help them understand what we mean by sexual harassment and the part we can all play in preventing it happening – this is a really important part of bringing any policies to life
- there are effective reporting mechanisms in place for anybody to raise concerns about sexual harassment and inappropriate behaviour
- there is a culture where any concerns raised are taken seriously and treated sensitively
The current EHRC (Equality and Human Rights Commission) guidance says “The preventative duty is an anticipatory duty. Employers should not wait until an incident of sexual harassment has taken place before they take any action” So organisations really need to be acting now.
We would also highlight that
Organisations need to really consider all aspects of the “workplace” The workplace is not just on site in an office or on the shop floor. It is also virtually on Teams and Zoom meetings, in WhatsApp groups, in the pub with colleagues after work, on the company ski trip, at networking and industry events
Organisations need to ensure their senior leadership teams are holding each other to account. When sexual harassment hits the headlines it is often those at the top of an organisation who are the perpetrators. How able are the senior team to role model and regulate themselves?
Training is not just a one off. Regular refresher sessions and sessions to pick up new hires will be vital. If it looks like a tick box exercise or the information is outdated, it will not be doing the job. We would also advise that organisations should respect the sensitive nature of the content and the questions people may have around it. A facilitated session, rather than an e-learning module, is much more able to provide opportunities for discussion and bring clarity to the nuances people are likely to encounter at work
Question 2: Working with you and your experienced trainers in Equality Diversity and Inclusion, I know one of your specialisms is workplace behaviour. What sort of training initiatives do you deliver to support and assist us?
All our facilitated workshops are tailored to the organisation. Our focus is on the grey areas of behaviour that people struggle with such as
“what is Ok banter and when does it cross the line?”
“can I ever compliment someone on their appearance?”
“is it ok to give someone a hug at work?”
These questions around the greyer areas need discussion and sensitive guidance
The legislation guides people “what” to do, we help them with the “how” – for example
- how do we manage the banter without being a killjoy?
- how do we address inappropriate behaviour when it is displayed by a client?
- what do we do if lines are crossed in the pub after work?
We link all workshops to values, policies and internal initiatives
We also offer one to one coaching
- our “risk to reward” coaching where someone has been the subject of a complaint around inappropriate behaviour
- our “repairing working relationships” coaching where a working relationship has come under pressure because of inappropriate behaviour
Question 3: Workplaces are evolving and we know so much of the content we need to discuss is sensitive and “very tricky”. What can and can’t we say?
You are absolutely right that workplaces have evolved and the expectations of a professional and respectful working environment are different to what they would have been 20 years ago. We are very careful to acknowledge this and understand that that can make it tricky to know what is OK and what isn’t.
It isn’t about giving everyone a list of phrases they can and can’t use. It is much more about opening up discussion amongst specific teams, so that they share points of view and can come to their own conclusions as to where the boundaries are. We will always appropriately challenge the thinking – particularly to help people consider the impact that their words and behaviour may have on others. What one person thinks is “harmless” banter may be deeply uncomfortable for someone else.
Question 4: How can we make everyone more aware and understand what this legislation means on the ground floor?
It is vital that organisations include everyone in the training that they give and that the support is tailored to the audience.
So for example any workshops for managers and senior leadership teams should have an emphasis on their responsibility to role model appropriate behaviour and lead from the front in terms of demonstrating a zero tolerance approach to sexual harassment.
A workshop for team members should focus on respectful behaviours within their team and what to do if they find themselves on the receiving end of inappropriate behaviour or witness it happening to someone else (as a bystander).
The overriding message should be that we all have a part to play in preventing sexual harassment. The very worst thing we can do is to do nothing
Question 5: You mention Third Party Harassment, what does that mean?
A third party is someone outside the organisation – for example clients, customers, visitors, patients
Although the new legislation does not currently cover third party harassment, the updated EHRC guidelines make it clear that they will expect third party harassment to be treated in the same way as sexual harassment within the organisation
Question 6: Where can we go to learn more regarding policies and training sessions?
The EHRC guidelines are the best starting point
For HR directors and managers the CIPD also has helpful guidance
In terms of translating this guidance into meaningful training and support, come and talk to Focal Point!
Our approach is down to earth and practical. We help to bring clarity to the grey areas and help create a shared understanding amongst teams as to what is Ok and what isn’t and how to maintain this.
We have a self-assessment checklist which is quick and easy to fill in and will help to gauge how ready your organisation is for the new legislation
For more information on how we can help your organisation be ready for the changes Call us for a confidential chat on 01903 732 782 , email us info@focalpointtraining.com or contact us