Running any business is hard work.
It's also hard work keeping up with legislation changes and how these should be implemented in your business.
Sites are already busy and you are following up on that next project - so here let me help you out with a quick rundown of one of the main enforcements from 2024.
Legislation Update: Compliance with the Worker Protection (Amendment of Equality Act 2010) Act 2023
The Worker Protection (Amendment of Equality Act 2010) Act 2023 was enacted on October 26, 2024.
Key Provisions and Duties
Proactive Duty to Prevent Sexual Harassment:
■ Employers are now legally required to take reasonable steps to prevent sexual harassment of their employees. This is a proactive and anticipatory duty, meaning employers must anticipate and mitigate potential scenarios where sexual harassment could occur.
Workplace Culture and Policies:
■ Employers must foster an inclusive workplace culture that discourages discriminatory behaviour. This includes reviewing and refreshing harassment policies and reporting procedures to ensure they are effective and up to date.
Training and Education:
■ Conduct regular training sessions for all employees on what constitutes sexual harassment, emphasising a zero-tolerance stance. Training should also be provided for managers on how to handle complaints and for employees on how to raise complaints. Training records should be kept, and training should be refreshed at regular intervals.
Complaint Handling
■ Ensure there are clear reporting methods for sexual harassment complaints and provide support for complainants. Employers must take all harassment complaints seriously, conduct prompt investigations, and protect employees from retaliation for reporting incidents.
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Risk Assessments and Audits:
■ Carry out regular risk assessments to identify potential scenarios where sexual harassment could occur. This includes assessing risks from third parties such as clients, customers, and service users. Employers should also conduct audits to evaluate the effectiveness of their training, policies, and reporting structures.
Enforcement and Consequences
Enforcement Action:
■ The Equality and Human Rights Commission (EHRC) will have the power to take enforcement action against employers who fail to comply with the new duty.
Compensation Uplift:
■ Employment tribunals can increase compensation by up to 25% if an employer is found to have breached the duty to prevent sexual harassment.
Additional Considerations
Third-Party Harassment
■ The new duty extends to preventing sexual harassment by third parties, such as clients, contractors and customers. Employers should consider the risks and take reasonable steps to mitigate them.
EHRC Guidance
■ The EHRC has released updated guidance on sexual harassment at work, which employers should refer to when implementing the necessary measures to comply with the Act. Click here to open.
Next Steps for Senior Management
1. Review and Update Policies:
Ensure all harassment policies and reporting procedures are reviewed, updated, and communicated to all employees.
2. Implement Training Programs:
Schedule regular training sessions for employees and managers, focusing on sexual harassment, reporting procedures, and the importance of a zero-tolerance culture.
3. Conduct Risk Assessments:
Perform thorough risk assessments to identify potential scenarios where sexual harassment could occur, including interactions with third parties.
4. Establish Clear Reporting Mechanisms:
Develop and communicate clear reporting methods for sexual harassment complaints and ensure support is available for complainants.
5. Audit and Evaluate:
Conduct regular audits to assess the effectiveness of the company’s training, policies, and reporting structures.
6. Foster an Inclusive Culture:
Promote an inclusive workplace culture through leadership engagement, regular communication, and a clear zero-tolerance stance on sexual harassment.
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