The Employment Rights Act will strengthen the responsibility for organisations to prevent sexual harassment by expecting organisations to take all reasonable steps. This lays down an even higher duty of care than the Worker Protection Act previously stated.
What should organisations be doing?
4 practical steps organisations should already be taking to prevent sexual harassment
- Update sexual harassment policies
- Conduct a risk assessment and take action to mitigate areas of risk
- Ensure there are clear reporting mechanisms
- Train all staff with tailored training sessions. This includes specifically equipping managers to fulfil their responsibilities in creating a respectful working environment and knowing how to deal with a concern, complaint or grievance. Download our brochure outlining our training and support to help prevent sexual harassment
Additional action organisations should also now take
- Strengthen steps to prevent third party harassment – for example ensuring there are clauses covering harassment in supplier contracts, making sure managers know how to deal with a concern if it is a client who is the subject of the complaint
- Sexual harassment complaints will now be recognised as protected disclosures under whistleblowing legislation, protecting people from retaliation – so it will be vital to ensure managers are aware of this and how it impacts on them handling a concern
What are the consequences of not taking preventative action?
The strengthening of wording in the Act to all reasonable steps means that if a tribunal rules that there was something else an organisation could have done – and didn’t – compensation can be uplifted by 25%
While the financial penalty should help to drive action, we shouldn’t lose sight of the fact that preventing sexual harassment in the first place protects people from real harm and creates much happier, safer workplaces
For more information about providing meaningful training for your people which will help them to fulfil their increased responsibilities under the new legislation, contact us for a confidential chat on 01903 732 782
Have a look at our case studies to see how we have helped other organisations get ahead of the legislation
See our website page on preventing sexual harassment