Starting this October, a significant change is coming to the workplace. Every employer in the UK will have a legal duty to actively prevent sexual harassment at work. Failure to comply could lead to hefty financial penalties if a claim is made against your business. This new positive duty is not just about ticking boxes; it's about creating a safer, more respectful working environment.
Understanding the Stakes
Imagine this scenario: sexual harassment occurs in your workplace. It's a clear-cut case—unwanted conduct of a sexual nature that violates the victim's dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment (as defined under s26 of the Equality Act 2010).
You're taken to an employment tribunal. As of October, here’s how the outcome could differ depending on your actions:
1. No Preventive Measures - If you did nothing to prevent harassment, your business is liable, and the tribunal can increase any compensation awarded by up to 25%.
2. Some Preventive Steps - If you took some reasonable steps to prevent harassment, you're still liable, but there won’t be an uplift in the compensation awarded.
3. All Reasonable Steps Taken - If you took all reasonable steps to prevent harassment, you’re not liable at all. No compensation, no penalties.
Wouldn’t it be better to confidently argue option 3? Or even better, have systems in place so harassment doesn’t happen at all?
High-Profile Failures: A Cautionary Tale
Take a look at some recent, high-profile cases -
McDonald’s is facing a multimillion-dollar lawsuit in the US over sexual harassment allegations and has been accused in the UK of ignoring a toxic work environment rife with sexual harassment.
The BBC recently reported widespread allegations of sexual harassment and assault of female surgeons within the NHS, with shocking claims of male surgeons abusing their female colleagues.
Similarly, the Metropolitan Police have been called out for being institutionally racist, misogynistic, and homophobic, with incidents like a Muslim employee having bacon stuffed into his boots and a Sikh officer having his beard cut.
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These cases highlight a crucial point: businesses, regardless of size or industry, must understand their obligations to prevent harassment, how to fulfil them, and the consequences of failing to do so.
Proactive Prevention - The Key to Compliance
So, how can you be confident that your business is ready to meet this new legal duty?
The first step is recognising that prevention starts with awareness.
A 2020 CIPD survey found that 53% of workplace harassment victims did not report the latest incident. Underreporting is a significant issue, often driven by fear of retaliation or a lack of trust in the reporting process.
To combat this, employers need to create a clear and supportive reporting structure. Offer multiple ways for employees to report harassment—some might prefer speaking to someone directly, while others might only feel comfortable reporting anonymously online.
Publicise all available methods and make it clear that your business takes these reports seriously.
Addressing Fear of Retaliation
Retaliation doesn’t always mean outright dismissal. It can be more subtle, like being ostracised, labelled as a troublemaker, or feeling uncomfortable at work. To counter this, your business must send a clear message: anyone reporting harassment in good faith will be heard, respected, and protected from any form of retaliation. This message should be reinforced through policies, training, and open dialogue across all levels of the business.
Building Trust in the Reporting Process
If there’s a lack of trust in your reporting process, rebuilding it will take time. This distrust may stem from a historically lax or unsupportive approach to handling such issues. To change this, be transparent—make sure employees can see that reports are taken seriously and acted upon.
Many businesses are now turning to anonymous reporting services like SafeCall, especially in the wake of the #MeToo movement. Technology and AI can play a significant role here. Some anonymous online tools can even connect individuals who have reported harassment by the same person, offering additional support and information on their rights.
The Time to Act is Now
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With the new legal duty coming into force on 26 October, it’s vital for employers to act now. By taking all reasonable steps to prevent sexual harassment, you not only protect your employees but also shield your business from legal and financial repercussions.
Don't wait until it’s too late. Start building a safer, more respectful workplace today. Your employees deserve it, and your business depends on it. The Affable Partnership would welcome assisting you in setting up these safeguards.
Why not get in touch? Laura@affablepartner.co.uk
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