With Budget Day looming as well as lots of talk about potential changes to employment law regarding protection from unfair dismissal and many other changes, reforms offering increased protection from sexual harassment may have passed you by.
Under the new government, there’s a lot going on for small to medium business owners to consider when it comes to people and money – the life blood of your organisation – so we’re delighted to share the expertise from Practical HR Ltd, one of our customers at Launchpad, to guide you through.
Some potential changes to employment law are still in the pipeline but the new duty to prevent sexual harassment in the workplace came into law on 26th October 2024. With the help of Practical HR we’ll help you get up to speed and understand your obligations.
On 26th October 2024 the law changed to introduce a positive duty for all employers to prevent sexual harassment in the workplace.
To meet this new preventative duty employers will need to be able to show that they have taken reasonable steps to prevent sexual harassment, including harassment by third parties, such as customers.
All employers will need to have a sexual harassment policy and will need to update any associated policies. BUT having a policy on its own will not be enough for employers to comply with the preventative duty. Employers will need to do a lot more to protect themselves.
To start with any policy must be communicated to staff and must be made available without them having to ask.
Steps you can take
As well as a policy, employers must consider other reasonable steps like:
- Providing training for managers and staff around sexual harassment, so that workers know what harassment is and what behaviour is and is not acceptable, and managers know how to uphold the company’s policy and deal with complaints. Managers can no longer ignore banter or unacceptable behaviour without putting the organisation at significant risk.
- Training should not be a one-time event, but regular and ideally tailored to the industry and business.
- Carrying out a risk assessment. The Equality and Human Rights Commissioner (EHRC) have stated: “An employer is unlikely to be able to comply with the preventative duty unless they carry out a risk assessment.”
- Providing a number of alternative and easy ways of reporting harassment. This might include confidential and/or anonymous reporting.
- Dealing with concerns or complaints quickly and effectively and monitor any concerns.
- Consider harassment from 3rd parties (e.g. customers or suppliers).
The best defence is to promote a culture free from harassment and this will include implementing items above and having more engagement with staff. This may involve things like one-to-ones, staff surveys and clear and ongoing communication regarding policies.
What is also essential is that there is commitment from owners and directors to a workplace free from sexual (and other forms of) harassment.
Added benefits
Phew… there is a lot to do.
However, getting this right will provide for better working environments, where everyone is treated with respect.
Ultimately this is all part of wellbeing and providing a safe place of work.
And there will be benefits for businesses if they take reasonable steps including reduced absence, improved productivity and loyalty. As well as reducing the risk of claims that can not only be time consuming but very costly!
More information:
Further details and documents can be found on YourHR.guide where you can read more guidance on the new duty.
You can also sign up for a free account to receive notifications of other upcoming changes in employment law (and there is lots happening with 28 reforms to employment rights announced by the Government). The Premium membership account will give you access to templates and further guidance to help you implement some of the required documentation and procedures.
For even more support with this new duty, and other areas of HR compliance, we offer HR Portals were all the HR content (policies and procedures etc) is written for you by our HR experts and kept up to date with changes (yes, all those 28 reforms to employment law will be updated for you!). This allows employees to access policies whenever they wish and ensures ongoing communications and reminders.
If you’d like to discuss the recent changes or need any HR support, please get in touch with Practical HR on 01702 216573 or pop into Launchpad to book an appointment.
