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The risk of sexual harassment of staff at work is an issue high on the agenda for many larger businesses, with well publicised action being taken by the likes of IKEA UK and McDonalds. But the risk of these issues arising in the context of smaller rural business may well be just as high. This is especially so where employees are working alone or with just one other employee or manager or where older workers may not be so familiar with modern expectations for behaviour.
On 26 October 2024, the Worker Protection (Amendment of Equality Act 2010) Act 2023 (the Act) will come into force. The Act will introduce a new positive legal obligation on employers to take reasonable steps to protect sexual harassment of their employees. This shifts the emphasis so that employers take a more proactive approach to identifying and addressing risks of sexual harassment.
If an employer breaches the duty, the EHRC will have the power to take enforcement action against the employer. Further, whilst the new duty does not create a standalone claim that employees can bring in employment tribunals, it gives employment tribunals the power to increase compensation for successful sexual harassment claims by up to 25%.
It is not entirely clear what might constitute ‘reasonable steps’, though once the EHRC’s technical guidance on the new preventative duty is updated, this should provide some helpful direction. Nonetheless, employers would be well-advised to consider the following:
Anti-harassment policy
Introduce (or, if one is already in place, update) an effective antiharassment policy. The EHRC’s current guidance contains helpful detail on what such a policy should cover. It is essential that any policy sets out a clear reporting procedure for any instances of sexual harassment. Policies should be regularly reviewed and updated, and employees should be familiar with the policy (see training).
Training
Run mandatory tailored training sessions so staff are familiar with your anti-harassment policy. Sessions should also explore what amounts to sexual harassment, the behaviour expected in the workplace, and how to make a complaint. Consider running additional training for senior employees who will be in charge of investigating and managing complaints under the policy. Refresher training should be provided.
Risk assessments
Conduct risk assessments to identify risks and introduce preventative measures. Conducting staff surveys and reviewing records of complaints and their progress can help identify risks. On this point, monitoring the progress of sexual harassment complaints helps ensure allegations are properly investigated and dealt with, and that any patterns of behaviour are identified. The types of risks will differ depending on the industry, but, for example, roles which are public-facing or involve lone working could result in increased risk. Once risks have been identified, specific measures should be introduced to mitigate those risks.
Reporting
Encourage the reporting of sexual harassment by providing different channels of reporting via different people or methods. Ensure the process is not unnecessarily restrictive (i.e. by requiring specific forms to be completed or deadlines to be adhered to). Ensure that allegations are investigated properly and take action where wrongdoing is identified.
It is easy for small rural businesses with few employees to consider themselves immune from this type of problem, but without taking the steps suggested above businesses may leave themselves open to the risk of enforcement action by the EHRC and more costly claims by employees.
Should you wish to discuss any of the issues raised in this article, please contact Kate Gardner.
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