What is the new law?

Coming into force on 26 October, the Worker Protection (Amendment of Equality Act 2010) Act 2024 will mandate that employers take proactive measures to prevent sexual harassment in the workplace. This Act aims to shift the Employer approach from reactive to preventive, to ensure a safer and more respectful work environment for all employees.

What is Sexual Harassment?

Sexual harassment occurs when a person is subjected to unwanted conduct of a sexual nature that has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating, or offensive environment for them.

To comply with incoming sexual harassment at work legislation, employers should consider taking the following practical steps:

Auditing: Review and Update Policies on Sexual Harassment

• Ensure the organisation’s sexual harassment policy is comprehensive, clear, and compliant with the new legislation. A robust prevention policy should include:
• Clear examples of behaviours that constitute sexual harassment.
• Statements outlining the disciplinary actions for sexual harassment, harassment, or victimisation.
• An explanation of the various circumstances in which the policy applies, including situations outside the workplace and beyond working hours, as long as they are related to the working relationship.
• Clear and effective procedures for receiving and responding to complaints.
  

Training and Education

• Training for employees is key to ensuring they understand the policy and their responsibilities when it comes to helping unacceptable workplace behaviour and the consequences of their behavior.
• Conduct regular training sessions for all employees, including management, on recognising, preventing, and addressing sexual harassment. Training should also be ongoing for all employees.
• Provide specialised training for HR personnel and supervisors on handling complaints and investigations.
  

Establish Clear Reporting Mechanisms

• Create multiple channels for employees to report harassment confidentially and safely.
• Ensure employees are aware of these channels and understand how to use them.

Investigate Complaints Promptly and Fairly

• Develop a procedure for investigating complaints that ensures impartiality and confidentiality.
• Take all complaints seriously and investigate them promptly and thoroughly.

Implement Support Systems

• Provide support for victims of harassment, such as counselling services or employee assistance programs.
• Ensure there are no reprisals or retaliation against individuals who report harassment.
  

Regular Monitoring and Auditing

• Conduct regular audits of workplace culture and practices to identify and address potential issues.
• Monitor the effectiveness of training programmes and policies, making adjustments as necessary.
  

Maintain Records

• Keep detailed records of complaints, investigations, and outcomes to demonstrate compliance with legal requirements.
• Use these records to identify patterns and prevent future occurrences.

Promote a Respectful Workplace Culture

• Foster an inclusive and respectful workplace environment where harassment is not tolerated.
• Encourage open communication and mutual respect among employees.
  

Stay Informed

• - Keep up to date with changes in legislation and best practices related to sexual harassment.
• Join relevant industry groups or associations to stay informed about new developments and compliance strategies.

Consult Legal Experts

• Work with legal experts to ensure all policies and procedures meet the requirements of the new legislation.
• Seek advice on complex cases to ensure proper handling and compliance.
  

By taking these steps, employers should be able to create a safer, more respectful workplace while ensuring compliance with the latest sexual harassment legislation.