The law on preventing sexual harassment in the workplace is changing. On 26 October 2024 the new Worker Protection Act 2023 will come into force, this is an amendment of the Equality Act 2010.
What does the New Duty mean for Schools and Trusts?
The key changes that the act introduces are a legal obligation on employers to ensure that steps are put in place to protect their workers from sexual harassment. Enforcement action can be taken by the Equality and Human Rights Commission (EHRC) on employers that breach their preventative duty. The obligation also includes when sexual harassment has taken place, actions must be taken to prevent it happening again. Employers should also anticipate scenarios in which employees may be subject to sexual harassment and take reasonable steps to prevent it. Another change to the act is that employment tribunals will also have the power to increase compensation for sexual harassment by up to 25%.
How to prepare for the New Duty?
When new legislation has been released, it can be overwhelming for employers. There is already guidance by EHRC to advise employers on the required steps as well as how to respond to harassment. ACAS also have useful resources for employers. Click here to find out more.
Our top tips:
Policies and Procedures
Ensure that policies are updated to include changes in legislation. A policy will not change culture alone, but it can be used to promote your commitment to prevent and educate the workforce about sexual harassment. Given the sensitive and complex nature, you may wish to consider dealing with harassment under a separate policy. Include clear definitions of harassment, reporting procedures, and consequences for violations.
Education & ongoing training for all staff
All staff should receive regular training to highlight their role in preventing sexual harassment.
Equip and develop line managers (ensure that SLT setting the right tone and culture)
Senior leaders have an influence on the culture within the workplace and can set the tone for expectations, especially around behaviour. They need to embed the values and behaviour that underpin dignity, respect and inclusion. Regular training needs to be given to senior leaders to enable them to do this.
Clear reporting channels
Reporting channels need to be clearly communicated to all staff and these need to be well-promoted regularly.
Monitor and review effectiveness regularly
Employers should be proactive in preventing and tackling sexual harassment. It is not a tick-box exercise and needs to be an ongoing priority to review and reflect if any further steps can be taken.
Navigating these new legal requirements might feel overwhelming, but you don’t have to do it alone. Our HR consultancy is here to support you. Whether it’s conducting a thorough review of your current policies to ensure you’re fully compliant or providing bespoke training tailored to your school’s specific needs, our expert team is ready to help. Get in touch today to see how we can assist you. For those seeking guidance in navigating these changes, assistance is readily available. Fusion Education People Solutions have HR Consultants on hand to support. Request a call back here
